Mediation Tips
Mediation is the best opportunity for divorcing couples to
try and resolve their issues before a judge takes over. Mediation is also a way divorcing couples can
save money as trial preparation and trials are costly and time consuming. Generally, the parties will meet either a
neutral site such as the mediator’s office or if they are represented by legal
counsel at one of the attorney’s office.
Mediation is not binding unless the parties come to an agreement and
sign such agreement. Below are several
things to consider when going to mediation.
1. Choose
the right mediator: The selection of the
right mediator can be critical to coming to a resolution. Mediators have difference styles and you want
to make sure the mediator’s style meets your needs. For instance, some mediators focus more on
feelings and resolution rather than on the dollars and cents of the case. Other mediator’s are aggressive and push
parties towards settlement or point out the weaknesses in each party’s case.
2. Come prepared: You need to know the issues that need to be
resolved and what your ideal resolution is for each one. You also need to know where your gives are. I would recommend listing the issues out with
your proposed resolution for each one.
You will also want to bring credit card statements, bank statements,
retirement account statements, etc. so that you can have the actual numbers in
front of you.
3. Make sure
you know what you are signing: Too often
I have divorced parties come to me complaining that their prior lawyer forced
them into a settlement at the mediation.
The claim is often made that they did not understand what they were
agreeing to. Take the time to make sure
you know what the agreement is before you sign.
If you are not sure, don’t sign.
4. Be ready
to deal: It is rare that anyone gets
exactly what they want from mediation.
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