Professional Mediator Jerry Kessler

Although I am well-versed in the law, I do not tell people what to do. I focus on the parties’ needs and interests, and assist them in reaching their own terms. Mediation is a process. There are various steps involved. I follow a mainstream model of mediation – it is applied in all sorts of disputes -, including: divorce, job, commercial, civil rights, and environmental disputes. Much of the process is an outgrowth of the celebrated Harvard Project on Negotiation. I adjust the process to fit the needs of each couple – I do not use a cookie-cutter, one-size-fits-all approach.

Specifically, my theoretical model consists of the following steps:

• Intake – I meet with people individually to get a sense of the conflict and to determine how to best tailor the process for the parties. We then proceed to meetings with both parties present.
• Identifying the issues that must be resolved in order to reach an agreement.
• Gathering the information needed to address the issues (e.g. , in a divorce situation – financial records, tax returns, business valuations, school calendars, estimated hypothetical budgets for separate households – whatever level of detail and information that either party needs in order to be informed).
• Reviewing the information to make sure everyone understands it and is comfortable with the scope and supporting documentation
• Brainstorming options to address the issues that need to be resolved.
• Discussing the options. The options acceptable to both parties become part of the final settlement agreement. Financial and parenting issues are treated separately in the mediation agreement.

In a divorce context, the mediation agreement (after a thorough review by attorneys when people are represented) is made a part of the divorce judgment and becomes a binding court order.