4 Practical Tips to prepare for mediation

Family attorneys soon realize that planning is the secret to success when it comes to court proceedings and trials. Preparation is also essential for increasing your likelihood of succeeding during mediation; here are 4 Practical Tips to prepare for mediation.

1. Choose Your Mediator Wisely to Improve Your Chances of Success in Family Law Mediation.

You may be familiarized with the mediators under evaluation, but examine the individuals involved in your situation and whether a certain mediator would effectively deal with you and your clients. In addition, consider the possible interaction between the mediator and your opposition. Mediators bring a variety of experience, skills, attitudes, and styles to their work.

The mediator who is ideal for settling a case involving complicated assets and property partition issues may or may not be the right person to mediate custody and support dispute. Therefore, it is worthwhile to investigate the mediator’s background. It can also be quite beneficial to seek the opinion of colleagues who have already participated in mediation with a certain mediator. Finally, be ready for your defence attorney to disagree with you on the best person to manage the mediation.

Finally, be prepared for your defence attorney to disagree with you on the best candidate to manage the mediation.

2. Before mediation, present your argument to your mediator.

I have a law partner who meticulously prepares for depositions. His opinion is that a case is frequently won or lost during the deposition stage. One reason is that an effective deposition – one that you have fully prepared for – can enlighten the opposing party on the strengths and flaws of their case and drive the matter toward resolution. Similarly, preparing your mediators so that he or she can better grasp your case will significantly improve your chances of victory.

You must provide the mediator with the information he or she requires to prepare. This entails presenting a detailed position statement that not only clarifies your client’s viewpoints but also admits where your case’s shortcomings are. Share with the mediator your evaluation of what you feel are your client’s main priorities or goals, as well as your opinion of what you think are acceptable and unreasonable requests and why. Send necessary pleadings or constitutional power with the position statement if applicable. Asset, liability, revenue, and cost schedules are also useful.

3. The mental states of the parties are critical.

Mediation can only be effective if everyone involved is in the right frame of mind. Therefore, at the start of each mediation, ask each side to promise to accomplish two things:

Be patient and have an open mind.

An open discussion is crucial because it emphasizes mediation’s single biggest advantage over litigation or other conflict resolution approaches – flexibility. As a result, mediation is the finest platform for parties to substantially affect the specifics of their post-divorce life. Between them, the participants know everything there is to understand about their situation.

They understand what will make their life better or worse in the future. However, a trial court is restricted in its ability to learn about the parties and their concerns. Time restrictions, evidentiary requirements, and procedural barriers prohibit a trial judge from fine-tuning a ruling in the way that the parties can.

Mediation participants are not restricted by limiting circumstances. Perth Mediation offers us flexibility and the capacity to tailor an agreement to your client’s case specifics. Positively engage your client for mediation. Be a proponent of the procedure. Make it clear to your client that, while mediation may not always succeed, when it does, everyone benefits.

Patience is also essential due to what we refer to as the “first rule of mediation,” which is that the mediation process rarely obtains momentum in the first 2 or 3 hours. Instead, this initial phase is invariably occupied by the parties’ urge to “vent” or “explain.” While this stage of the process may appear pointless, it is frequently a necessary, therapeutic process that helps each party proceed with confidence that the mediator knows their case and, more significantly, their worries, aspirations, and dreams.

Also, start to prepare your client for the possibility that the mediator may spend a significant amount of time with the other side. Assure your clients that this does not imply that a mediator favours one party over the other. Each “round” of negotiation has its own set of dynamics. Good, productive time may be had by going over the state of the day with your customer – verifying what has been agreed upon and what concerns remain. One component of mediation that we feel is underappreciated is the chance to regroup and reflect on the problems at hand while the mediator is negotiating with the other party.

4. Successful Family Law Mediation: Final Closing 

Arrive for the mediation, certain that you will be effective. Prepare to conclude the talks by having an agreement developed and signed before the sides leave the mediation. If draught agreements have been exchanged, bring them with you on your notebook or iPad. Instead, make a version available for change to the mediators. It is not always feasible, but if the parties can depart with a signed agreement – their understanding – the sense of closure might begin to set in. At this time, you will have provided excellent service to your customer and, in certain circumstances, their children.

You can also begin preparing for your next effective Brisbane mediation.

Bio-

It might be difficult to choose the right mediator for your family conflict. However, their peers globally know our family law mediators team are leaders in professions.

1. All of our Mediators operate on a national and international scale. Therefore, we can assist you in resolving your family law case regardless of the nature of your family conflict or your location.