Monday, April 25, 2011

Criminals are better behaved..."

Last month, my friend Charlie Feliciano, Jr. and I were discussing his criminal law practice and our mediation practices' updates. At first I was surprised by his comment that "criminals are better behaved than many court mediations I've handled."

Giving it some thought, I see where he's coming from. The felons and other law-breakers in Charlie's practice know that he is often their one chance at court leniency and a fair trial. They are prepped as to what to wear, what to say or not say, their overall demeanor and courtesy before the judge.

By contrast, many divorcing couples often filled with contempt for their partners, lose all sense of propriety and civility in court before the magistrate or judge. These prolonged diatribes often lead court officials to refer cases to mediation where the bad behavior continues.

We see a huge difference with our private, non-court divorce mediation clients. Some couples are a joy to work with, because they get down to business respectfully with each other and the mediator, and even when emotions run high, they can be reigned back in.

My husband John often says, "Peacemaking is not for wimps." New mediators entering the field must know that they will see their share of the good, the bad and the ugly. Even though criminals may be better mannered in court, we still prefer to help divorcing couples find another way to communicate through mediation--both an art and a science.