Mediation and Neutrality

A neutral mediator is key to the mediation process. This neutrality in the mediator can help heal the pain of divorce and increase understanding. It's never simple to determine why a marriage ends. The end of the marriage takes two, as does the beginning. My challenge as a mediator is how to understand and empathize with both people. 


Take this situation for example:

*Brad and Helen have come into my office. Brad went out to get a newspaper one Sunday morning and didn't come back or call for 3 days. He left Helen with 2 young children and no note. I could imagine her anguish and the children’s fears. However, during our sessions Helen never let Brad speak. What he did wasn't right but something drove him to do it. His experience led him to the decision and both experiences are vital to understanding what is at play.


What is my role as a neutral mediator?

Most of us are doing our best to make our way through life. We try not to hurt the people we love or have loved but we're imperfect creatures, so we don't always succeed. We're hurt and we lash out and the other may not know that he/she has hurt us. Through my understanding as a mediator, I can often help people to forgive themselves and each other, which will help them to move forward into their new lives post divorce.

Divorce raises hurdles, as you restructure and begin to figure out your new life. It also raises complex emotions. Mediation is a good place to explore these changes. When you're navigating the maze, the last thing you want to hear is that your spouse’s position has more validity. 

These feelings are especially intense where the impetus for the breakup of the marriage is a situation with deep emotional effect. For example, where one person has a new lover, or where one person walked out very suddenly and without warning. The identity as a wronged person becomes compelling and attractive. In mediation we focus on a broader picture. A neutral mediator can bring you closer to the truth, and the truth will help you to move on with your life.


An in depth example of how mediation & neutrality work in action:

*Anice and Marshall came to me for divorce mediation. Anice expressed her thoughts clearly. She loved Marshall passionately and still believed that he was the love of her life. She'd made a commitment to him which, to her, meant that she would stay with him no matter what. She told me that Marshall had had other affairs in the past and had always returned to his commitment to her. “How do I know that this time you're serious?” she asked him. “What makes you think that 3 months from now you won’t change your mind again and come back to me?”


The couple had recently purchased a house. Anice asked, “Why did you buy this house with me if you wanted to get out of the relationship?” The couple had greatly disparate incomes and although Anice had been the motivating force behind their buying their home, she wasn't at the present time able to figure out how to pay the expenses of the house by herself.


I could have felt that Anice was “right and Marshall, a lousy toad. She was the one with commitment and vision, she felt sure that this marriage was the right thing and was able to stick with her husband through thick and thin. She planned and worked to enable them to buy a home and after this loyalty, what was her reward? Constant betrayal, multiple affairs.


Then Marshall told me about his experience. He spoke eloquently about his need to move on from a relationship which felt stagnant to him and from which he could no longer derive any sense of intimacy or romance. He was very grateful to Anice for all the love and support she'd given him and the achievements he'd accomplished because of her support. However, for a long time he had felt there was something missing. This feeling drove him to seek outside relationships, even though he had derived from Anice love such as he had never before experienced in his life.


At the present time, he felt stifled by the relationship. He felt responsible for Anise. He was aware that she wasn’t able to earn as much money as him and he felt trapped. Although he felt platonic love and respect for Anice, he had a new girlfriend. For Marshall, the 12-year relationship had evolved into a friendship.

After hearing Marshall, I felt his pain. I felt how Anice’s willingness to stay in a relationship with a man who was sleeping with another woman made Marshall feel trapped. He saw her as a crazy woman who had no self respect, who would live with him even though he rejected her. In truth, I felt great empathy for both Anice and Marshall. Through my understanding of them, I was able to sympathize with Anice, who felt deeply committed to this man and hurt every time he told her that he still loved her and who felt that she would have stayed with him no matter what happened, even if he had outside relationships.

I felt empathy for Marshall, who expressed that this marriage, though it had endured for 12 years, had never completely fulfilled him. He felt an excitement at the change to break free and try again in a new relationship for something that felt more healthy and fulfilling and less co-dependent and suffocating than his relationship with Anise.


My job now was to do my best to increase their understanding of each other. Marshall had a better understanding of how Anice felt than she had of his point of view. Once understanding is improved, they would be ready to negotiate the fairest way for them to divide their house and their possessions.

Anise had to confront the reality that Marshall wanted a divorce. When I helped her to accept this, she was able to negotiate alimony for a period of time, so that she could keep the house and eventually become self-sufficient. Marshall saw the alimony as a way to buy his freedom and it was a great relief to him to be able to do that. They were both satisfied with the terms and their divorce agreement was completed.


Another example of Neutrality:

Children perceive their parents neutrally during a divorce. As much as you might want your child to side with you against the other parent, it won’t happen and it shouldn’t happen. A child will never thank you for taking away his mother or father. The children each contain a little bit of each parent, and they're able intuitively to understand both parents’ points of view. The children understand the limitations and strengths of both their parents and love them.


I can think of many cases where I had deep empathy with both people, and could see both their sides. I had a case where the marriage was breaking up because the woman was a lesbian. I empathized with the husband, *Allen, who, in his early 50’s had to leave his beautiful house. He had to rethink his whole life with Marge, in light of these changes in her outlook. He had believed he’d had an OK marriage. He didn’t want a new life but the old one had been snatched from him.

Marge was able to communicate to me the excitement and liberation she felt as she embarked on her new life. She showed me that something had always felt wrong in her life and now, for the first time she didn’t have that feeling.


Marge came to mediation believing she'd embarked on a course of self-discovery. During our sessions she came to a new understanding of how this journey had affected Allen. She ended up giving him a more generous financial settlement, partly to assuage her guilt and partly to help Allen to also feel that he was getting an opportunity to embark on a new life that might hold some promise, excitement, even happiness not present in their old one.


The truth is it's never simple to determine why a marriage ends. Something was probably always lacking in Allen and Marge’s marriage. Why didn’t Allen see that? Why didn’t Marge know earlier? The end of the marriage is created by both, as the beginning was created by both. My challenge is to understand both people. 

Counselor meeting with two people seated across a small table
March 18, 2026
Need family mediation services in Brooklyn, NY? Resolutions Mediation & Collaborative Divorce Services can help. Call (718) 965-9236 today.
By Rachel Green March 16, 2026
You and your spouse come to mediation together, whether it be in person or on Zoom. We go through a detailed checklist, to make sure we address everything, with the focus of you having a complete legal Settlement Agreement at the end. If you both want, we can also draft your Settlement Agreement. This puts everything discussed into a binding legal contract, that will be filed with the Court along with your divorce papers. Some people choose to work with an advisory attorney and prefer that their attorneys draft the agreement. If so, then your mediator will write a summary of your agreement, called a Memorandum of Understanding or MOU. In New York, the courts have a set of Uncontested Divorce Papers that have to be filled out and filed with the courts. We can create and file these papers for your both. 
By Rachel Green March 13, 2026
The costs of an average mediated divorce range from approximately $4,000 to $10,000. It’s a big range but there are a lot of variables. Can you and your ex talk without a third person present? Some clients can only talk in the presence of a mediator These clients usually require more sessions Do you have young children? If yes, there are issues to be discussed and resolved, before you have a legal settlement. Do you have complex finances? A lot of assets or debt? A house? A business? Mediated divorce costs fall into 4 categories. 1. Mediation sessions – billed by the hour 2. Costs of drafting a settlement agreement 3. Preparation and filing of divorce papers 4. The court’s costs of filing for divorce
By Rachel Green February 27, 2026
No one gets married to get divorced. People who come to my office are recovering from hurt and disappointment. The initiating partner was probably disappointed and hurt many times during the relationship. They may have been thinking about ending the marriage for a while but not acting on it. Some clients present as angry, but anger is a secondary emotion, which covers sadness, fear, shame, sorrow, hurt. Anger appears when someone isn’t getting their needs met. If we can identify what the needs are, the anger begins to dissipate. Although from a legal perspective, a case with a short marriage with no real estate and no children is a simple divorce. For the people going through it, there is no such thing as a simple divorce. For a while now I’ve worked with families in transition and there are cases that stay with me… The man who learned his wife of 6 years was infertile and hid it from him. He wanted children and talked about it frequently. His wife, as it turns out, didn’t. They recently separated and understandably, he’s devastated. The man who said, why would I want to have the kids at my house? It just gives her another night with her boyfriend. Conflicts about whether the relationship is open or not. The husband who learned his wife had a gambling disorder and lost $450,000. A couple dividing $47 million. The man who started an affair when his partner was 7 months pregnant. And of course, the many people who say, I know my kids need their other parent, we want to put them first. Shield them from the conflict, so they’ll be OK. Have compassion and take your time Divorce is a huge and scary transformation. My role is to listen, watch and remember to be sensitive. To not push a couple faster than they’re ready to go. I tell people that the timeline is theirs to create. We don’t want to rush to the wrong finish line. A friend and colleague of mine recently divorced, she told me how she needed a lot of time to digest the situation. It’s made her slow down and change the way she talks to clients. Now she understands in a new way. She understands the need to process, think, digest all the ideas being discussed, before being ready to make decisions.
Blue sky green hills wild flowers
By Rachel Green February 9, 2026
What is Mediation to Stay Married? Mediation to Stay Married or Marital Mediation is conflict resolution for couples who are experiencing marital problems but want to stay married. Conflict resolution skills are taught by a trained mediator. They’re used to identify issues, brainstorm and create options for breaking impasses, while improving communication and the understanding of the issues behind the conflicts. Once the source of conflict is understood, then a concrete plan of action can be developed. What’s the Difference Between Marital Mediation and Marital Counseling? Marital Mediation doesn’t delve into the psychological issues of the couple or individuals. If either is in therapy, they’re encouraged to continue, as Marital Mediation can’t take the place of counseling obtained from a licensed mental health provider. However, the two modes do work well together. Why See a Family Attorney Mediator Instead of a Divorce Attorney? An attorney mediator understands what what led to divorce. Many times, couples say, - We don’t know how we got here? – Emotions, anger and miscommunication, can set couples on the path to chaos. Often people don’t know of another option and jump the gun by going straight to the idea of divorce. However, the grass isn’t always greener and some leave a good marriage, as they just didn’t have the right skills. Many marital problems can flow from financial disputes and insecurities. Attorney Mediators are in a good position to analyze finances, understand legal options and assist in finding concrete solutions. They may also suggest using an independent financial neutral to identify and implement financial guidelines. Does Mediation to Stay Married Result in a Written Agreement? It’s your choice. Some couples like a written Memorandum of Understanding so it’s there in black and white. Some feel the verbal understanding is enough and a written one would be too intrusive. There’s also the option of a full-blown agreement, like a prenuptial agreement, reviewed by separate attorneys for each spouse. What Types of Issues Can Be Dealt with in Mediation? Financial issues. Issues of contribution. Job loss. Bankruptcy. Inheritance. Infidelity. Problems with children. Communication patterns. Moods. Emotions. Intimacy. These and many more can be discussed and resolved with the right guidance and by learning the right skills.
Sand dune cave
By Rachel Green January 14, 2026
Parenting Coordination is for parents who have difficulty implementing their parenting plans because of ongoing conflict. The goal of parenting coordination is to reduce conflict, avoid chronic litigation, while assisting parents in responsible planning and decision making with the focus on the wellbeing of their children. Some parents remain engaged in conflict even after separating. Divorce doesn’t solve all problems. Even though you both care deeply about your children and how to raise them, these conflicts can affect their wellbeing.  In Parenting Coordination, you work with a trained specialist who can help shift perspectives, so both exes understand each other a little more. In the sessions we discuss and clarify what’s in the best interest of your children and how to implement these things. So, what’s the process? It starts with having brief separate meetings with the Parenting Coordinator, then we all meet together to work out how to resolve the conflicts in a timely manner. We promote safe, healthy and meaningful parent-child relationships. If needed and both parents want, we can also work on communication and co-parenting skills.
A couple meeting with a divorce attorney.
December 12, 2025
Discover the role of a collaborative divorce attorney in Brooklyn, NY. Click here for insights from Resolutions Mediation & Collaborative Divorce Services.
Rocks river
By Rachel Green November 29, 2025
Parenting mediation is an option for unmarried parents to work on their co-parenting relationship, while strengthening communication skills for discussing their child’s best interests. Some parents remain engaged in conflict even after separating. Moving out doesn’t solve all problems. If you’ve had a lot of conflict regarding your children, you may need the help of a neutral mediator who will make space for you to listen and hear each other. Even when living apart, you’re still parents who care deeply about how to raise your children. In parenting mediation, the goal is to find common ground. You both work with a trained mediator who can help shift your perspectives, understand your ex a little more and clarify what is truly in the best interest of your children. Including why it’s in the best interest for your children. It can be hard to discuss parenting issues and best done out of earshot of children. So, in parenting mediation you can freely discuss how to put things in place. We start by meeting together to have a safe, private way to resolve conflict in a timely manner. We promote safe, healthy and meaningful parent-child relationships. We can also work on your communication and co-parenting relationships, if you both want. Mediation is for those parents who have difficulty implementing their parenting plans because of the ongoing conflict between them. The goal of mediation is to understand each other a little better, help you negotiate resolutions that reach across the table and learn how to offer the other something they need, so you get something you need. We work to reduce conflict and chronic litigation while assisting parents in responsible planning and decision making to promote the well-being of their children. If there is some reason you each want to have separate sessions with the mediator, we can do that as well.
Sky sun rays
By Rachel Green November 19, 2025
The answer is a personal one and depends where you're both at. Are you 100% sure you're headed for divorce or is there a chance of separating for a few months, a year, even 3 and then reconciling? Do you feel you wouldn't be able to date if you're still married? Is one of you on the other’s health insurance? There are three differences between signing a full separation agreement and living apart, according to its terms, and filing for a divorce. 1. Taxes: Filing taxes together as a married couple is usually cheaper than filing as married/separate. While you're still married you can file joint taxes. 2. Health Insurance: Another reason to stay legally married is for health insurance. A married couple, even if legally separated, can stay on each other’s plans, but once divorced you can’t. When considering whether or not to divorce, it's important to look at the health coverage plans you and your partner have and if there are any feasible alternatives if you separate. Children’s health insurance is not affected and they can stay on either parent’s plan after a divorce. 3. Emotional: The ending of a marriage is usually stressful and emotional. Many couples crave closure and once divorced, feel they are (or will be) better equipped to move on and begin to heal. Other couples don't find as much significance in this legal status. Some people feel that they can't date while still legally married, while I’ve had couples who are living with someone else or even expecting another child when their divorce comes through. Your situation is unique and you can consider these points as you consider your options.
green mountains ray of sunshine
By Rachel Green November 19, 2025
Frequently divorce mediation is centered on the children. They’re often the victims of divorce and mediation helps to make a smooth transition for them. But children aren’t the only ones needing a smooth transition. Though you may be happy to be getting divorced overall, it’s also true that this is a person you once loved and planned to spend your life with. In reality, divorce is a difficult transition with or without kids. Though you may not have kids, you shared many other things during your marriage. I often see people wanting to divide custody for a pet or resolve who keeps the beloved couch. You shared your life and mediation makes the process of detangling your lives a little simpler. Often there are items that aren’t worth a lot of money, but have emotional value. My job is to make sure you both come out of the divorce feeling like you still have some of the things you care a lot about. The other component is the emotional. In mediation we talk through the steps to the divorce and help you come to terms with the life change about to occur. We consider various factors like what will happen when your ex finds a new partner? How will you feel about maintaining friendships with your mutual friends? I will help both of you visualize your lives without each other, so in the end you’re able to part ways as smoothly and painlessly as possible. Mediating a divorce can also help you better understand the reasons why you’re separating and find some closure. I’ve seen this time and time again. Once I mediated with a couple, let’s call them Adrian and Jill. Adrian used to be a heroin addict but at the time we met, he’d been sober for 20 years, while Jill struggled with an eating disorder. I guided them through a discussion about how these personal issues had affected their marriage and their decision to end it. Adrian felt he’d grown and improved a lot during the marriage, but that Jill wasn’t making the same efforts to overcome her issues. I helped them both understand each other's reasons for parting ways, which gave them closure, so they weren’t left wondering, why their relationship deteriorated.
Show More