Mediation is a highly effective way of resolving family law dispute mediation to do with property or parenting matters. Generally speaking, the far majority of matters that are mediated are done so successfully saving separated couples tens and potentially hundreds of thousands of dollars, not to mention the emotional stress that lengthy litigation brings with it.
One of the keys to a successful mediation is to ensure that you’re adequately prepared for it and don’t squander the opportunity of using the time effectively to tie up all the loose ends.
How Do I Prepare for the Mediation?
Most importantly, know what the issues are that are in dispute. This can be more difficult than you think, as at times your judgment of such matters is clouded because of all the emotion involved. Know also the facts and figures and your middle-ground that you’re prepared to settle on.
Understand the Procedure
Acknowledge that mediation is not an interrogation or something that parallels a court process. Ensure that your mediator has fully briefed you on the protocol and you, in turn, you have fully briefed the mediator on the issues in dispute.
Be Prepared to Negotiate
Mediation is not about winning or losing but rather finding middle-ground that you and your ex-partner can live with that allows you both to move on and focus on the things that matter, your children (if relevant).
Come to the mediation with a preparedness to settle for what may be your bottom line and anything over this is a bonus.
Engage with the Mediator Prior to the Mediation
It’s always a good idea to talk with your mediator a few days out from the family law mediation to go over any questions you may have and to query whether he has permission from your ex-partner on their settlement objectives. This information isn’t always available, but if it is, it can prove useful. We commonly refer to this exchange of information as “position reports.”