Abstract
All of the discussions and the negotiations that have taken place during the course of the couple’s mediation point to one thing—the separation agreement that each of the parties will execute. While this agreement will ultimately be prepared by an attorney (who usually has not participated directly in the mediation and may not even be known by the mediator), the mediator must, nevertheless, concern himself with the function of that agreement.
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Notes
It is improper for a mediator, who is not a lawyer, to draw the final agreement that the parties will sign and to then administer its execution, and he does so at the risk of being accused of unauthorized practice of the law. See, e. g., N.Y. Jud. Law ∫ 478 (McKinney 1983).
We have previously had occasion to comment upon having the couple sign an agreement that they will be fair and equitable with one another, and will not comment upon it further at this point.
When a board of directors of a public corporation deliberates on an issue, takes a vote and comes to a result, the minutes simply reflect that the matter was discussed, a vote taken, and a resolution adopted or rejected. To leave in the minutes the minority’s opinion is simply to provide dissident shareholders with ammunition should it later turn out that the minority was correct. Mediators should take note.
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Marlow, L., Sauber, S.R. (1990). Memorandum of Agreement. In: The Handbook of Divorce Mediation. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-2495-7_21
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DOI: https://doi.org/10.1007/978-1-4899-2495-7_21
Publisher Name: Springer, Boston, MA
Print ISBN: 978-1-4899-2497-1
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