Isaac Gruenebaum, a mediator, discusses the process of mediation and its benefits in divorce cases. He explains the difference between mediation and arbitration, highlighting the voluntary nature of mediation and the role of a third party in arbitration. Isaac emphasizes the importance of attitude and mindset in mediation, particularly for men over 40 going through divorce. Isaac also advises keeping the focus on the future and not dwelling on the past while considering the role of control, communication, and willingness in successful mediation. He shares insights on handling contentious issues, such as religious differences and child custody disputes. Isaac concludes by highlighting the importance of listening and making decisions in mediation. His superpower is getting two people that start far apart, to finish with a fair and complete hospice care plan for their divorce and a wedding plan for their divorce! And thanks to Isaac for being so gracious to me and my plight with this podcast. I appreciate it so much!
Crucial points and takeaways:
-mediation is a voluntary process that allows divorcing couples to reach agreements without litigation.
-attitude and mindset are crucial in mediation, especially for men over 40 going through divorce.
-successful mediation requires a focus on the future and a willingness to listen and make decisions.
-control, communication, and willingness are key factors in resolving contentious issues in mediation.
-no relationship with robots
-don’t use the kids as pawns
-learning chaos
-Jewish divorce vs legal divorce
-knowledge is helpful
-do good for yourself, your children and your world
-Isaac with the wordsmithery!
-a vetting process
-a good mediation is therapeutic
-are custody battles about the children?
Concord Mediation Group YouTube Channel
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[00:00:00] Welcome to the DONT PICK THE SCAB PODCAST with the premise of connecting men over 40,
[00:00:19] with the tools and community to thrive in their divorce recovery either before, during
[00:00:24] or after a divorce.
[00:00:26] I'm everybody out there to DONT PICK THE SCAB PODCAST.
[00:00:30] We have Isaac Grinnebaum from New York.
[00:00:34] He is a mediator and we want to talk about mediation and maybe help some of those guys
[00:00:39] divorcing or been divorced through age over 40.
[00:00:45] So tell about yourself Isaac and we've got a couple questions for you.
[00:00:48] We'll go from there.
[00:00:50] I run a divorce mediation firm.
[00:00:53] We have a few mediators and among them there's retired judges as well who mediate by us
[00:01:01] and the goal really is to make a hospice care for your marriage.
[00:01:06] And we also want it to be the wedding planner for your divorce.
[00:01:10] So the idea is how do we have divorce in the most peaceful way possible and divorce, our
[00:01:16] slogan is divorce is painful, the process doesn't have to be.
[00:01:20] And that's really what we're trying to accomplish.
[00:01:23] So can you explain exactly what mediation is as opposed to arbitration?
[00:01:30] So in mediation it's a voluntary process so anytime you're going to come up with any
[00:01:35] issue each spouse's needs are going to be the other ones problem as well.
[00:01:41] Whereas when you're going to be in arbitration it's going to be about claims who's going
[00:01:45] to be right there's going to be a third party that's going to get to decide over whatever
[00:01:50] the matter is.
[00:01:52] And sometimes it's not what either one of you want.
[00:01:57] Whereas in mediation you're going to end up with the same agreement at the end of
[00:02:02] the day because as much as it's voluntary, it's voluntary until you ratify it into agreement.
[00:02:08] But once you put it into agreement and the judge signs off it's the same binding but
[00:02:13] you didn't commit to anything until you committed to a final agreement whereas in arbitration
[00:02:18] you're committing to the third party deciding.
[00:02:21] Okay, so even though the mediation doesn't have teeth where arbitration does the judge
[00:02:27] can still look at the mediation notes and still make a decision from there correct?
[00:02:34] We would generally and I think most mediation firms when you come they would sign that
[00:02:41] they're not going to take the firm or the mediator and the process really you're not
[00:02:45] supposed to be taking to court because it's for settlement purposes.
[00:02:49] But once we're finished the mediation that's when it's going to be put into a divorce agreement
[00:02:54] and they would file it with the court and then it's fully, you're fully bound.
[00:03:00] You can't say well I meant this, I meant that, that's what you signed so it's the same
[00:03:04] as if two lawyers came up with an agreement or you went to arbitration and you came up
[00:03:08] with some other agreement.
[00:03:11] What are some of the suggestions that you can give men over 40 with a mindset of going
[00:03:17] into mediation?
[00:03:18] You know, that was one thing that I recognized.
[00:03:21] I wasn't in a correct mindset to go in for my mediation.
[00:03:25] I was ready to fight what do you suggest Mention Do or even feel?
[00:03:32] It happens to be like you really cornered the right demographic because men in particular
[00:03:40] most divorces, I think the last one that I saw was 69% are initiated by the woman.
[00:03:48] So men in particular have a very difficult time because you're talking about the average
[00:03:54] person before they decide to get divorced spends two years thinking about it year to
[00:03:58] two years and then that spouse comes to the man and he says how long does he have to
[00:04:05] respond?
[00:04:06] It has five minutes to respond.
[00:04:09] There's not much time so it gets...
[00:04:12] I don't know.
[00:04:14] So this is thrown at you, you didn't have time to process it and possibly trying to work
[00:04:19] in your marriage or whatever it is, I would say keep the marriage out of the mediation room
[00:04:23] as much as possible.
[00:04:25] You really have to shift.
[00:04:28] If the marriage is still workable, if it is you might want to deal with that and see
[00:04:34] if they're open to it but when you're actually talking about whatever it is you're talking
[00:04:40] about custody, talking about child support there's no point in bringing up the past as
[00:04:46] what hurt you or what was wrong at that point.
[00:04:51] I'll give you an example is like I mediated yesterday and we were talking about medical
[00:04:58] decisions.
[00:05:00] The husband was like well, I didn't get to go to the doctor, it wasn't involved in medical
[00:05:04] decisions and he started to do a whole trauma dump about what happened during their marriage
[00:05:10] and I really have to regroup it as the question over here is what do you want to do going forward?
[00:05:17] It's not really a question on the past.
[00:05:18] We're looking for agreement now and it's going to be a different relationship.
[00:05:23] It's a new life post-everse, it's a new chapter and if you could get to agreement what's
[00:05:31] going to happen in the future, the past didn't work out so let's not harp on the past.
[00:05:37] Let's say that you mediate and both parties agree what's the next step?
[00:05:42] Does it go to the courts and does it get ratified or that one word?
[00:05:47] What happens next?
[00:05:49] We saw this because what our clients really were looking for so we had a few transitions
[00:05:56] how we did it.
[00:05:59] We incorporated that we would help you outfiling the full process that you would never have
[00:06:04] to step into court.
[00:06:06] We would prepare the whole divorce agreement but to be more specific, we give after each
[00:06:11] session which is about two hours we give them a summary and we would not schedule a session
[00:06:16] for a week.
[00:06:18] They would wait a week before the next session so they really have time to think about it.
[00:06:22] Once they finalize the final summary that's when it would be turned into a divorce agreement
[00:06:28] and they would be able to file, we would be able to help them with filing that divorce
[00:06:32] agreement.
[00:06:33] Then we have to go figure out I'm going to start with this lawyer with that lawyer,
[00:06:38] a filing service or going to the court.
[00:06:41] We have everything taken care of you from beginning to end.
[00:06:45] If you're in a mediation and you've probably been through this, what happens when it goes
[00:06:50] south?
[00:06:51] Do you try to write the ship at what point do you know is not going to work?
[00:06:57] I guess we have to define going south because there's a few different ways that it goes
[00:07:01] south but let's use the example of go south that one, let's just say the husband says he's
[00:07:08] willing to give a thousand dollars child support the wife says she wants fifteen hundred
[00:07:12] and it's a standstill.
[00:07:15] We try to get to the underneath like what is it that you're looking for or whatever, right?
[00:07:20] There's no budget.
[00:07:21] That's where they're at.
[00:07:23] So then what we would do is we would open up okay so where do you want to go from here
[00:07:29] and we would just sit with that and then okay one of them might say well then let's go
[00:07:35] to court okay what would happen in court?
[00:07:39] Now a lot of times that one story in particular that's like striping me as you know the right
[00:07:45] example here is that the wife was claiming that the husband's business was earning way
[00:07:51] more than what he was saying it was earning and we had this discussion about okay so where
[00:07:57] do we go from here?
[00:07:58] Okay, we're going to go to court.
[00:07:59] So what would happen in court?
[00:08:01] Oh okay they're going to do a financial analysis, right?
[00:08:05] Do you want to just do a financial analysis yourself or are you open to opening up all
[00:08:09] your books of your business?
[00:08:11] And the husband said yeah I'm open to opening it up but she has to pay for the financial
[00:08:15] analysis, right?
[00:08:17] So you could go to places where the numbers we know the numbers, right?
[00:08:21] There's the calculator so we know how the numbers are going to run in court.
[00:08:26] So then it's really just the question of why can't you do that process yourself and sometimes
[00:08:32] you can't.
[00:08:33] I'm not saying everything is resolvable but when you just sit with it okay so then we'll
[00:08:37] go to court.
[00:08:38] Now you have to decide it's in your power, you're going to make these decisions, it's up
[00:08:42] to you.
[00:08:43] Yeah, so how can an animal 40 go into divorce use mediation as a positive tool?
[00:08:50] To accept it versus...
[00:08:52] Of course it's worth the negative attitude, yep.
[00:08:56] It's all about attitude right meaning if you realize that you know this is a process that
[00:09:01] you're lucky enough that your spouse is willing to come to mediation and have these conversations,
[00:09:07] this is where you can really have a proper relationship that will grow up.
[00:09:12] Meaning a relationship is a relationship it's two people we don't have relationships with
[00:09:17] robots so if we did that would be guaranteed you know but it's with people everybody has
[00:09:22] different emotions, everybody has different situations and other than it being extremely
[00:09:28] hard, being able to walk through conflict is the ultimate of knowing that in the future
[00:09:36] you'll be okay.
[00:09:37] When people can't walk through conflict then they're going to be carrying so much baggage
[00:09:42] because there's no guarantee anymore.
[00:09:46] How are relationships going to work in the future if you just think that there are bad
[00:09:50] people or people that you've fallen with, people change right?
[00:09:54] So we have to change our mindset and drop.
[00:09:58] I'll share with you in, you know, I think a little bit you're touching on carrying
[00:10:04] the pain of a marriage failing and we have two different approaches that work with men
[00:10:12] very well.
[00:10:13] One is just the concept of the marriage equation.
[00:10:17] So the marriage equation is just the logical way of thinking of a breakdown of a marriage.
[00:10:22] It's not very emotional but from a mediator which we're really you know just surface level
[00:10:27] we're not here to do therapy but explaining the idea of a marriage is really the equation
[00:10:33] of what does it mean to you to be a husband, what does it mean to you to be a wife, what
[00:10:37] does it mean marriage and what does it mean for your spouse.
[00:10:41] Now if they match up great you got a marriage.
[00:10:44] If they don't match up is anyone looking to change it that you fit into each other and
[00:10:49] if nobody's looking to change it this equation does not work out.
[00:10:54] So it's not going to work out.
[00:10:56] I mean we go point fingers for what each one did and there's a lot of fingers to point
[00:11:01] but thinking about it in this equation way helps people really you know take it in that
[00:11:10] this is not a marriage, this is not going to work and then I can move forward.
[00:11:15] Obviously there's more to the healing but I think initially not thinking about if
[00:11:20] I didn't do that or if they would only do whatever and whatever.
[00:11:26] But there's another technique which is more I would say using mediation and it's very
[00:11:33] common where someone would say well I think if exo-anzy happened then I would be able
[00:11:38] to work out the marriage and we would ask permission before doing this but we would
[00:11:43] ask them are you okay us having this conversation taking a few minutes and what we would do is
[00:11:49] we would ask the husband is there anything that you would want to say to your wife that
[00:11:54] would change your mind on getting divorced.
[00:11:56] Yeah okay he goes for it, he says well you know I'm going to start being home earlier
[00:12:02] and then we would turn to him and say okay did that change it for you?
[00:12:07] No that didn't change it for me okay is there anything else that you would like to say
[00:12:11] and we would go back and forth and just have this conversation just that we could process
[00:12:17] that this is really over and that we're both at peace with it.
[00:12:21] So again it's not like the ultimate therapy, it's not the best thing in the world but I feel
[00:12:26] like sometimes when it's you know just the communication is not there and we could take
[00:12:33] a few minutes and go through this it helps people move on past it.
[00:12:40] So you are therapist kind of you do have a therapist hat even though you say you don't.
[00:12:45] I say that the difference between therapy and mediation therapy is to make someone healthy
[00:12:51] and mediation is just a healthy process so it's a healthy conversation not necessarily
[00:12:59] other parties really going to be healthy and that's fine but we want to just offer you
[00:13:04] a really healthy process and that's true when you have unhealthy people or you know manipulation
[00:13:10] and narcissists are terms that we throw around in the worst and if you count that every
[00:13:18] you know how many narcissists are there in the world statistically and how many of them
[00:13:22] are in the worst there's more in our system the worst than they're in the world but what
[00:13:28] we do and whenever anyone asks me about that it's like yeah of course we deal with
[00:13:33] narcissists but exactly the same way as with anyone else.
[00:13:38] So we just have it's the same table you both have to be there, you both have to come forward
[00:13:44] with what you're asking for.
[00:13:46] Same process if you could follow the process we can help you if you can't follow the process
[00:13:52] it won't work out.
[00:13:54] So compared to when you started and now as you become a better conductor your skills get
[00:14:02] better and better what some of the things you've come across that have kind of like like
[00:14:07] whoa wait a minute you know like generally of course what if shaking you to your core
[00:14:12] a little bit where you had to stand back and say wait a minute I wasn't ready for that.
[00:14:18] One of the things that came up and this is from a training that I took and it really like
[00:14:23] me and we appreciate training so much this one piece of advice.
[00:14:27] When we start out with a custody question okay how are we going to work out custody?
[00:14:34] How would I'm going to ask you first like how would you envision that conversation the
[00:14:39] mediator opening up that conversation.
[00:14:42] Maybe as to the first party how do you want to have a co-parenting you know you keep
[00:14:46] it open ended.
[00:14:47] Right so that would be the typical way that someone would open it.
[00:14:52] So we do now and this is from a training that I took was okay so before we start talking
[00:14:59] about custody let me get down what is your schedule.
[00:15:02] Okay I work from 6 a.m. I have to be out of the house and then I'm home back at 630
[00:15:10] okay what's your schedule?
[00:15:12] What's the children's schedule and as we discuss it that way custody figures itself out
[00:15:19] like there's you could ask them okay is any of that changing.
[00:15:23] And now we don't have to, we first put out the factual setup of this family.
[00:15:32] You have all the time like I'm a waiter I'm going to be out you know nights I'm a drummer
[00:15:37] musician you know a barber they're going to be out Friday until you know until really
[00:15:43] late or we had a doctor that they work every Saturday so you're not going to be having
[00:15:50] those weekends until you're all from work and that's just given.
[00:15:54] We don't have to get into how much percentage each person has.
[00:16:00] So you set the stage first before you ask the question.
[00:16:04] Very interesting yep so have you seen where you come across people using the kids as
[00:16:13] ponds that drives me nuts by the way.
[00:16:15] In Colorado we have a a mandatory training or you know we're going to do a voice you have
[00:16:22] to watch this movie that was made in the 1950s you know you can see the civil defense
[00:16:27] signs in the back and it tells you don't use your kids as ponds and it's like basic
[00:16:34] knowledge that people should know but people still do it because the emotions run so
[00:16:37] high.
[00:16:38] Have you seen that?
[00:16:40] For sure 100 percent.
[00:16:42] One of the questions that I like to ask when I meet a judge or anyone in the industry you
[00:16:48] know like but more like on the you know the social worker type of end of it or people
[00:16:55] that are in the court system are custody bells ever really about the children and I think
[00:17:01] it's a really strong question and I don't know the answer myself but I think that there's
[00:17:08] a good argument to say that custody bells are never about the child.
[00:17:14] You know people are using the child as ponds and the child it's not it's not their place
[00:17:20] and then they're like you know one of them might be like okay so then let's ask the child
[00:17:24] and now we're turning the child into the parent like if we really just approached it from
[00:17:29] being able to be there for the child it would be a different world but I would say is
[00:17:34] that what's triggering to me a lot is when someone says well it's best for our child
[00:17:41] to do it this way and the other parent feels exactly that is it like no it's best for
[00:17:47] the child to do it this way and I would ask them like okay so what is this based on
[00:17:52] like is it this based on parent intuition or is this based on like you know from speaking
[00:17:57] to a social worker or something and a lot of times they can move past and they could be
[00:18:02] like okay if we go to the social worker and the social worker says this then we'll be able
[00:18:07] to follow whatever it is that they guide us to do I have right now there's a couple that they're
[00:18:14] deciding whether to tell their children that they're getting divorced and then live together
[00:18:18] for another two months or tell the children they're getting divorced and move out you know
[00:18:24] within a week and each one says a different thing it is either one right I have no clue which
[00:18:31] I'm going to tell you the kids already know the kids already know oh yeah yeah I'm just
[00:18:39] there like two and three oh yeah kids are smart people don't realize kids are smart yeah yeah
[00:18:45] you know that kid thing is so important to some people and I was talking to my co-host the other day
[00:18:53] and a lot of things we see on Facebook I'm a couple of Facebook groups and reddits and where the
[00:18:59] the husband has a hard time with the child being raised by the ex-wife's girlfriend and there was one
[00:19:08] reddit where the ex-girlfriend I mean ex-wife was having the boyfriend having the daughter called
[00:19:15] him daddy so you know there's all those myriad of questions we don't have control so what does
[00:19:22] that go on it swing into this how does control play a part in the mediation because that can
[00:19:28] that can be a real stopgab sometime when there's a controlling parents um
[00:19:36] it goes a few different ways um but one way that it goes is that someone was controlling
[00:19:41] them in the past and they were always the parent that did everything and now they're trying to
[00:19:46] continue controlling you can't everyone has to be the king of their own castle now at the same time
[00:19:52] you want the arrangement to work out um I would say particularly and this is something that i'm
[00:19:59] very in the trenches of because we have so many cases like this where one spouse is not religious
[00:20:05] anymore and one is still religious and now how do they raise their children and how do they
[00:20:10] figure this out and some people take the approach well i'm gonna dictate everything that's gonna
[00:20:15] happen in your house so they have to follow the religion when they're by you they have to do
[00:20:22] a certain level if you're working together and you're doing it to work together it works
[00:20:28] but at some level you're just too controlling now the other end of it is you can't expect someone
[00:20:36] to be different than what they were during their marriage so don't think that you're gonna wake up
[00:20:40] and all of a sudden you have a different person here you don't you know we're going through divorce
[00:20:45] in marriage we have to agree in divorce we could disagree the more you can establish that it's
[00:20:52] okay to disagree that's gonna you know that's what i want my clients to go away from mediation after
[00:20:59] we're done i want them to both know that we're two people with each one of us have our rights each
[00:21:06] one of us are entitled to our thinking our mindset and we don't understand one another that's why
[00:21:12] we're getting divorced and that's why we're gonna have a written agreement then that's why if we
[00:21:16] need to change anything we have to notify and we need permission we need to actually make the
[00:21:21] swap to change anything from agreement if it works out on a more you know flexible basis that's
[00:21:27] great you know if it works for you you're not gonna change that person so how does it end up when
[00:21:34] the one parent is religious and other ones are not anymore how does that usually turn out that's
[00:21:39] very interesting what when it goes in a proper a proper way what we're looking for is we're looking
[00:21:47] for understanding between them we're looking for as much as many there is beliefs and there's like
[00:21:54] our values right so as much values as we align with but at the end of the day we're really boils
[00:22:02] down to is each parent's understanding that we don't send our kids to the perfect school that
[00:22:08] align exactly with us we don't send not everything is exactly we want to give our children
[00:22:14] the ability to grow up to be what we want them to be able to be right so the more you could have
[00:22:22] the idea of we want the child to be able to grow up to whatever it is right now the child has
[00:22:28] decided any child don't care religious not religious every child would just want you know at five
[00:22:33] years old they want their parents phone they don't they don't care for anything else so they made
[00:22:38] their decision about religion no five you know no five-year-old is you know the example like people say
[00:22:45] Abraham discovered discovered God at three years old that's not your five-year-old right so you
[00:22:52] know they decided already you need to give them the ability to be able to grow up and become the
[00:22:58] person you want them to become at the same time when you have things that are contradicting
[00:23:04] you need to figure out a way how to explain that for example I had a mother that had a tattoo and
[00:23:11] Jews would generally not have tattoos religious Jews and the kid went to a religious school and his
[00:23:20] teachers screamed at him for having one of those temporary like sticker tattoos like Jews don't
[00:23:25] have tattoos and then he comes out and he asks his father well mom has a tattoo like an
[00:23:31] and you need to be able to figure out how do we express that to the child that you have to go
[00:23:38] to this school and you have to follow school rules because you have to be in a framework that works
[00:23:45] not everything with the school do we agree with you know you might feel that they should give more
[00:23:50] off from it when to relax a bit any given issue this is an institution that you're sending to
[00:23:56] so we're going to follow those rules but you can't have that the parents either one are in this
[00:24:03] you know getting at each other and one of the things we did in that particular couple was
[00:24:08] we had that conversation so how would you like for your spouse to respond when something like
[00:24:14] this is going to come up because it's going to come up again how do you relax after going through
[00:24:20] the strife and and working so hard helping people what does your go to you know are your streamer
[00:24:26] what do you do to relax it happens to be I just want to say this because people like don't think
[00:24:32] that it's this way but a good mediation that they were properly vetted they follow the process
[00:24:41] it's very very calm very relaxing there's not much like I have a conference room meaning now
[00:24:50] in my office but I have a conference room in my house as well which I used to use more I don't
[00:24:55] really use it that much now and I had mediation but I also had like let's say we had a meeting for
[00:25:00] whatever other things that I was involved in and the mediation my wife calls me like I don't
[00:25:07] hear a word like you guys like are you still there like you know but then the other meetings she's
[00:25:13] like wow you guys are just loud because when you get into this space where you're just trying to
[00:25:19] figure it out it's just so relaxing and the more that I follow a process versus you know I would
[00:25:25] say early on in my career where I didn't have proper training um then it was chaos then it was
[00:25:32] really chaos I actually smoked at that point you know so it was learning chaos though
[00:25:39] it was learning yeah yeah let me give you an example I had two times I had a couple that one of
[00:25:45] them was a non-vex or one of them was a vaxter and I'm talking about non-vexer I'm talking about
[00:25:51] nothing not even folio and the first time is very early in my career and I felt so much pressure
[00:26:00] and I didn't have the proper tools to deal with it and what goes on in these mediation is each
[00:26:07] house and the onset and this is talking to controlling and things like that they're each trying to
[00:26:13] tell the other one well I want you to read that book and I want you to read this book you know as if
[00:26:17] this is something that's going to be litigated like one of your non-vexer one of your vatser it's
[00:26:23] staying that way that's not switching and then later on in my career after you know I was much more
[00:26:30] established I had the same exact case and I was able to for myself I said first okay these people
[00:26:37] were married they for sure discussed it this guy is so passionate about it and she's so passionate
[00:26:45] about they've discussed this before so when love was in the air this was not an issue yeah now it's
[00:26:51] so let's first like really take this with the grain of salt and then I want to each one of them
[00:26:57] and I was like okay why is it so important for you not to give your kids a vaccine and
[00:27:06] the guy explained it you know each shot has really three shots in it like all the whole nine yards
[00:27:11] of it and then I asked her why is it so important for your kid to get the vaccine and she told me I
[00:27:20] want him to be I want to be able to take send my kid to school I want my kid to go to camp and
[00:27:25] want my kid to be able to go out of the country but I really don't care for vaccines I'm also not
[00:27:30] pro vaccines and then I went back to the husband and I was like okay to what extent would you
[00:27:40] not want a vaccine it like does that mean the the school that you don't choose does that mean
[00:27:46] um home schooling your kid what does that mean that you wouldn't vaccinate and at the end they
[00:27:52] were able to come up with agreement that the non-vaccine parent in just in this case was the husband
[00:27:58] has to meet all the requirements of the school five days prior to the deadline and if not
[00:28:04] the mother could do it so now again I do feel a little guilty for putting people through something
[00:28:12] that may be dishonest because he may go to a doctor and just get a letter for it and she doesn't
[00:28:16] care he may go to his doctor then he said could divide the shot into you know just give the polio
[00:28:22] and not the other two so be it but she she was able to come to what really was bothering her
[00:28:29] he was able to come to what was really bothering them and they were able to move forward from this
[00:28:34] something that seems unreasonable not not there's no need to get bite in our truck right
[00:28:42] Jewish or Muslim right these are things that we don't think we're going to resolve
[00:28:48] the the actual issue and we didn't resolve it but we can live in the same world together
[00:28:54] living the same space so so you said a word that I caught vetting what what is the vetting process
[00:29:01] that's something I didn't think about asking right so obviously we have to make sure it's safe for
[00:29:07] them to sit together um that would be like the initial one but I really think of it as three
[00:29:15] three things we're checking for for a good client one is that they're safe because if they're not
[00:29:19] safe it's not just that they're going to hit each other it's really it's not a voluntary process
[00:29:25] the second thing that we're looking for is though that they can make decisions so I get a call
[00:29:32] random I would say it's every half year we get such a call my spouse is in a psych where could you
[00:29:38] mediate for us what's it going to help you like we we we can mediate but they don't have legal
[00:29:44] decision making they can't decide anything but the same is true anyone that's undecisive to a point
[00:29:51] where you don't know what you want yourself which sometimes drives people to go to lawyers because
[00:29:56] they feel like well the lawyer would tell me what I want you know it's not having the what is
[00:30:04] it that I want from life post-divorce do I want to be with my children every other week or
[00:30:07] want them half the week well what do you want are you going to take off from work you have to at
[00:30:12] the end of the day it doesn't have to be right away but you have to be able to come to a decision
[00:30:17] and the third thing that we're looking for is willingness and willingness is really this idea
[00:30:22] of being able to accept that we're not going to resolve who's right and who's wrong and some people
[00:30:28] cannot accept that some people they're right and the other spouse broke the marriage and they can't
[00:30:35] get over that they broke the marriage for whatever whatever they did they broke it and God would know
[00:30:42] that they did it right you know and when I get up there I will tell God 100% how they broke the
[00:30:48] marriage what they did and that's the only way that they're going to go about it and if that's
[00:30:53] the mindset mediation won't work either and in being proactive in trying to make mediation work for
[00:31:02] more people I would say really moving towards in each one of these so in safety issues you know
[00:31:08] someone's going through the worst be extra careful don't say things that someone's going to point
[00:31:13] and say verbal abuse even you don't need that it's not going to help you out in in the size of
[00:31:20] anist you know don't bash the other person help them feel good about themselves that they could
[00:31:26] make a decision and try to make decisions yourself as well if you're going through mediation don't
[00:31:32] don't be on the size of because it's not your spouse that can't resolve it it's you that can't
[00:31:37] resolve what it is that you're looking and in willingness is really you know that that's really where
[00:31:42] we have to just accept this idea which I'm going to go back to religious people have it a lot harder
[00:31:51] because they live a lot with this idea that there's one truth and it's very hard for them to accept
[00:31:57] this idea that it's not one truth and there's one right way you know that there could be different
[00:32:02] ways had to approach the topic is is very hard for them to swallow so you know I would say that's
[00:32:09] really a point that you have to work on that we're not going to come to resolution on whether
[00:32:14] you're right or wrong well I think where were you 12 years ago where were you I needed to you 12
[00:32:22] years ago I was actually in don't say what you're saying you were an ask you were I would say 12
[00:32:28] years ago yeah 12 years ago wasn't but what's surprising is that I do get some divorces that are
[00:32:33] still open from 12 years ago wow and the reason that is and I'm going to bring this up because
[00:32:40] it's an interesting thing when I tell people that are not familiar about it in Jewish divorces they
[00:32:46] do something called it get a get is a document that the husband has to has to appoint someone to
[00:32:53] write and he gives it to his wife and it has to be voluntary and until they do that they're not
[00:33:00] officially under Jewish law of divorce okay now if that process because of that in in
[00:33:10] situations that are you know contentious you could just blow it out of proportion because
[00:33:15] if they're religious and they're not going to remarry someone you could go through as many
[00:33:19] civil divorces as you want you're still not resolved so that's why divorces could take 12 years
[00:33:26] even with no assets like nothing they could take 12 years because someone says I'm not doing it the
[00:33:32] husband or the wife says I'm sorry I'm not doing this divorce right but on the other end of it
[00:33:39] it has that beauty where and you know I see this with my non Jewish clients we sign the paper
[00:33:47] we send it in you have to wait for the judge to sign off I don't feel that there's a real closure
[00:33:53] moments whereas by Jewish divorces when I see that they do the get I see that they get this closure
[00:34:01] because voluntarily the husband it's like a ceremony but voluntarily the husband's giving the wife
[00:34:08] and the wife's accepting a voluntarily and when they both go there and they know that they had
[00:34:12] to go there voluntarily it's a closure for both of them so even if it's a civil divorce done
[00:34:21] and if you don't have to get you're still married in the Jewish house in the Jewish law right man
[00:34:28] if I have a guy who represents all the guys getting regal to mediation and be chopped off his top
[00:34:34] of his head and we want to throw some knowledge in there from Isaac what kind of knowledge do you
[00:34:39] want to give to this guy to get ready for his mediation some key points there we go the key point
[00:34:45] would really be to think about your future life accepting that the divorce happened you know
[00:34:53] you're getting divorced that's not the part that's in question and a lot of the pain is just
[00:34:58] divorce right the lack of a spouse you're gonna have to income you're gonna have you're gonna be
[00:35:04] dividing your stuff you're not gonna have your kids all the time so accepting that divorce itself
[00:35:10] is very painful but the process don't make the process extra painful don't ruin your relationship
[00:35:18] that you could have as expouses don't ruin that relationship show up for it but being powered
[00:35:26] you can know your rights you can know what you have to pay what you don't have to pay knowledge
[00:35:31] is helpful but it's you don't have to litigate it in mediation your in mediation so you let the
[00:35:38] other person talk you hear them out the more you listen this is from like negotiation books or
[00:35:43] negotiation people are old can I tell you the more you hear the better off you are as you know
[00:35:49] they're telling you their secrets so just listen listen to them out let them talk you don't have to
[00:35:57] you're not gonna convince them otherwise but you're an adult to say what you want to say so the more
[00:36:02] you take that mindset and again speaking back about you know safety decisiveness willingness
[00:36:09] the more you could do for those three the better off your mediation would be
[00:36:14] well well Isaac I want to thank you for your time this morning this has been this is way
[00:36:19] different than what I thought it'd be you you have dropped some knowledge on me I want to tell the
[00:36:25] people how to find you and I'll have your contact information at the bottom of the show notes
[00:36:30] but go ahead and talk about where you are what do you guys do all that good stuff so you can find
[00:36:36] this at concord mediation.com and we really focus on New York but mostly because that's where we
[00:36:44] could help you out where where professions in the law we could help you with the filing outside
[00:36:51] of New York I would say unless you're Jewish looking for a get we could help you out with that
[00:36:56] we have on YouTube a video about the get if someone is looking to do it just to know what that
[00:37:03] process is it's an animated video we have another few videos about adults speaking about their childhood
[00:37:09] going through their parents divorce and what was important to them what wasn't important to them
[00:37:15] so that I think is a great resource and we're really just doing mediation for couples that are
[00:37:22] looking to get divorced without any of the pro you know without any of the chaos going through
[00:37:27] mediation you're talking about the whole divorce with everything is it going to cost you way
[00:37:32] under $10,000 so you know people here in mediation they see like you know it looks like a whole firm
[00:37:40] it doesn't take much time it's a very quick process now just about I just want to thank you for
[00:37:48] this process the for this podcast before you know before we end and I think it's so great what
[00:37:55] you're doing and the support that you're giving especially someone as busy as you with with the
[00:38:02] career that you know you went through a lot of college for that career you spend a lot of time
[00:38:07] for that you know so I think that it's really amazing that you're able to put this energy
[00:38:15] and and and really bring good content you know to the listeners and I really hope people just
[00:38:24] even if nothing from this podcast resonated with you just know that there are two people that
[00:38:30] are sitting here that are concerned about your well-being and want life to be better for you
[00:38:36] and we hope that you want your life to be better for yourself as well and just think what can
[00:38:41] make my life better David's putting his time and energy for this you know and really you know
[00:38:48] to produce content think about it just just think about how do I make my life better which one
[00:38:54] would be easier which one's going to be not just easier which one am I going to feel good about
[00:38:59] am I going to do good for my children am I going to do good for the world and and good for myself
[00:39:05] really there is Isaac man with that superpower of word smithery
[00:39:14] well Isaac we want to thank you for your time and we're going to close it out but I will have
[00:39:18] all this contact information and in the show notes and we appreciate it man we you know you
[00:39:24] knocks out of the park and I appreciate you so much but we definitely kind of have to do this again
[00:39:30] because this was a lot of fun so we'll talk to you soon take care thank you so so much

