MARCH 2025 | 33 THE OKLAHOMA BAR JOURNAL “AN OUNCE OF MEDIATION IS WORTH A POUND OF ARBITRATION and a ton of litigation!” These words were written by Joseph Grynbaum, unsurprisingly, a mediator. Mr. Grynbaum’s perspective arose following a long career as a professional licensed mechanical engineer, a field that led to substantial exposure to litigation, arbitration and mediation, where he now works. This topic isn’t about complex civil engineering but family law, where a mediated agreement can serve the interests of your client much better than litigation. The judicial system, and specifically trials in the courtroom, adversarial as they are by nature, are appropriate forums to achieve resolution of allegations of crime, personal injury and other civil matters. It is the family law cases – specifically guardianships, dissolutions of marriage, paternity, child custody, visitation cases and other matters involving intimate partners or family members – that seem out of place in the traditional courtroom trial setting. Even though we have courtrooms that look and feel very different depending on the type of docket being conducted, not every type of case needs to be decided by a judge in a courtroom. Perhaps we have all been watching too many criminal court TV cases, but did it ever seem right to call one parent a “defendant” in a custody case? The Oklahoma Legislature did support making a change in the party designation, but it was as recent as Nov. 1, 2002,1 when the change became effective in divorce and annulment actions, and the parties formerly named “plaintiff” and “defendant” became “petitioner” and “respondent.” Perhaps a bit kinder in nomenclature, but one is still suing the other for custody, child support, property division and debt apportionment and vice versa. Even in a guardianship action, a parent may be suing their adult child seeking guardianship of a grandchild, alleging that it is necessary or convenient,2 or an adult child may be suing their parent seeking guardianship, alleging that the parent is incapacitated or partially incapacitated.3 There are significant, highly emotional issues in family law matters that need processes to de-escalate tension rather than subject the parties to the escalation that trials can bring about. Mediation can be that de-escalation tool. This article will discuss whether mediation should be considered as an expected way to resolve family law matters rather than a step in the pathway toward trial. WHEN SHOULD MEDIATION OCCUR? Settlement of a case can only be accomplished when you are fully aware of your client’s goals in the resolution of the issues and you Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
RkJQdWJsaXNoZXIy OTk3MQ==