In your opinion, what are the advantages and disadvantages of spouses opting for Med-Arb? What, if any, ethical issues may this create for the mediator? Any creative ways to approach Med-Arb to minimize disadvantages?
Saposnek worries that parents consulting with attorneys during child custody mediation could do damage to the mediation process. He advises parents to steer clear of attorneys for advice surrounding those meetings involving child-related issues. Do you believe Saposnek is correct? Should the family mediator encourage the participant seek legal advice, or discourage the participant to seek legal advice during mediation? Why or why not? How does the importance of “self-determination” of mediation participants affect your answer? Do you believe the family mediator should ever require participants in family mediation seek legal advice from an attorney before entering into a final agreement? If so, when and why? If not, why?
