The Oklahoma Bar Journal March 2025

“A N OUNCE OF MEDIATION IS WORTH A POUND OF ARBITRATION and a ton of litigation!” These words were written by Joseph Grynbaum, unsurprisingly, a mediator.

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 watch ing 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 “peti tioner” 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 par ent seeking guardianship, alleging that the parent is incapacitated or partially incapacitated. 3 There are significant, highly emotional issues in family law matters that need pro cesses to de-escalate tension rather than subject the parties to the esca lation 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.

Mr. Grynbaum’s perspective arose following a long career as a professional licensed mechanical engineer, a field that led to substan tial exposure to litigation, arbitra tion and mediation, where he now works. This topic isn’t about com plex civil engineering but family law, where a mediated agreement can serve the interests of your cli ent much better than litigation. The judicial system, and spe cifically 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, disso lutions of marriage, paternity, child custody, visitation cases and other matters involving intimate partners or family members – that seem out of place in the traditional court room trial setting. Even though we

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.

MARCH 2025 | 33

THE OKLAHOMA BAR JOURNAL