- Second Saturday Wake County Divorce Workshop - https://www.secondsaturdaywakecounty.com -

Prepare for Divorce Mediation

Mediation is often one part of the divorce process. This month, Jenny Bradley offers tips for those preparing to mediate. Bradley is a board certified specialist in family law and a DRC Certified Financial Mediator. She works for Cheshire Parker Schneider & Bryan, PLLC [1].

 

The most successful mediations I have been a part of have been the ones in which the clients and the attorneys were the most prepared.  In many of the cases that have not resolved in mediation [2], clients, too often, do not appear to have been prepared for the process of mediation and/or the finality of settlement, and/or the attorneys seem not to have an adequate handle on the facts and applicable law in the case.  No matter how many times you have been involved in mediation, please remember that the parties, the issues, opposing counsel and even the mediator vary from case to case.

Unlike in Court where a Judge makes binding decisions, mediation allows each party to have some control over the resolution of the dispute.  By being prepared for mediation, you can help direct the resolution of your matter.  Below is a sampling of some tactics I have employed over the years when representing clients in mediation and when discussing the mediation process with clients.  You should tailor these to each individual case.

Preparation tips for clients:

Scale

Photo by Robert Reukema. www.flexhrmlegal.nl

Preparation tips for attorneys:

In cases where the client or the attorney is not prepared for mediation, much time and expense is spent learning the answers to some of the above issues rather than in settlement negotiations, and, as you can imagine, the parties grow frustrated and weary in the mediation process, often leaving with no resolution.

I continue to be amazed about how much more background research and preparation people do when buying a house or car, choosing a vacation or selecting a restaurant than when preparing to make major life decisions or preparing to assist their clients in these decisions in mediation.  Help the mediator help you by being prepared.