At some point in many Family Law cases, the judge will order the parties to mediate before the case can be set for trial. A successful Family Law mediation usually leaves the parties with a sense of agency over important decisions affecting their lives and the lives of their family. In addition, mediation can save time, money, and emotional stress. Here are just a few tips to help ensure your family law mediation is successful:
1. Be Prepared. Comply with the discovery process to ensure you have all the financial documents for both parties needed to resolve such issues as alimony, child support, and equitable distribution at mediation (e.g., financial affidavits, tax returns, paystubs, financial statements reflecting assets and debt, etc.).
2. Define Your Goals and Priorities. Before entering mediation, clarify what you hope to achieve. Identify your non-negotiables and areas where you’re willing to compromise; for example, maintaining consistent timesharing schedules may be a priority, while dividing assets equitably could offer some flexibility.
3. Don’t sweat the small stuff. It’s easy to get bogged down in minor disagreements but try to keep the greater goal in mind: reaching an agreement that benefits all involved – especially the minor children. Avoid letting small issues derail the process.
4. Remain calm. Family law disputes can be rife with emotion. Regardless of whether your mediation is conducted in-person or via Zoom, with the parties together in the same room or virtual room or in separate rooms or virtual rooms, remaining calm will facilitate the process. Practice self-regulation techniques, such as deep breathing or pausing before responding, to maintain composure. A calm demeanor helps keep the discussion productive.
5. Focus on Solutions. Rather than using mediation time to air your past grievances with the other party, keep your focus on finding solutions for the future. This approach, combined with a spirit of flexibility and a willingness to compromise, can go a long way toward achieving a successful mediation.
6. Consider the children’s best interests. In cases involving children, their best interest should be paramount. Children should not be used as leverage in negotiations or to hurt the other party.
7. Have an experienced Family Law attorney by your side. Mediators are not allowed to provide legal advice. Having an experienced Family Law attorney can help you better understand your rights and options.
If you are need of an experienced Family Law attorney for mediation or any stage of your Family Law case, reach out to us at the Rice Law Firm.
