If you’ve been told that mediation is impossible when you’re dealing with a high-conflict ex—or that it’s never safe when there’s been domestic violence—this conversation with New York family law attorney Ian Steinberg is going to challenge that assumption.

Ian is a matrimonial attorney with Burkman Botker Newman & Shane, a 25-attorney firm based in Manhattan with offices in Westchester and Long Island. He joins Lisa Johnson of Been There Got Out for his second appearance on the show, and this time the focus is entirely on mediation—what it is, what it isn’t, and how to navigate it when your ex has a history of coercive control, manipulation, or abuse.

The family court system is broken. Ian doesn’t sugarcoat that. The system wasn’t designed to handle what targeted parents deal with every day, and being forced into litigation often just gives an abusive ex another arena to exert power.

That’s why understanding your alternatives—including the different forms of mediation—matters so much.In this episode, Ian breaks down a distinction that most people don’t know exists: Capital M Mediation versus lowercase m mediation.

Capital M is the classic format—just you, your ex, and a neutral third party working toward agreement. Lowercase m covers a broader range of attorney-assisted, structured alternatives that can be more appropriate when power imbalances are a serious concern.He also introduces something Lisa and Chris have seen work with their own clients: the use of retired family court judges as mediators.

These aren’t people with formal mediation authority—but they bring decades of experience sitting on the bench, and sometimes that gravitas is exactly what it takes to get a controlling ex to actually listen and move.If you are a domestic violence survivor wondering whether mediation is even an option for you, Ian’s answer is: sometimes yes, if the right guardrails are in place. He’s clear about when it shouldn’t happen—when the power dynamic is so extreme that you simply can’t withstand it, or when the conflict is too fresh to be productive. But he also explains the tools that can make it safer, including virtual Zoom-based shuttle negotiation, where the parties never have to share a screen or a room.

Before you walk into any mediation session, Ian says three things matter most: talk to your attorney beforehand, work with your coach to manage your emotions and know your triggers, and make a clear list of your asks. And remember—nothing is final until you put pen to paper. You are allowed to say, “This sounds interesting. Let me think about it and speak to my attorney.” That is not weakness. That is informed consent.

The cost savings of resolving even some issues through mediation can be staggering. Every issue you settle is one that doesn’t have to be litigated. Going from ten contested issues to two is real progress—and it also signals to the court that you’ve made a genuine effort to cooperate, which matters.

Whether mediation is right for you depends on your specific situation. That’s why working with coaches who understand high-conflict dynamics—and who can help you prepare strategically—is so valuable. Lisa and Chris offer a free 30-minute discovery call where they can help you assess your situation and figure out the right next steps.

➡️ Book your free call: https://beentheregotout.com/
➡️ Follow us on Instagram: @been_there_got_out

Connect with Ian Steinberg: https://www.berkbot.com/attorneys/ian-steinberg/