There are steps you can take in preparing for a family law mediation to help position yourself for optimal outcomes. 

As a young lawyer I still well remember one of the senior partners I worked with saying ‘Preparation wins cases’. The adage that ‘Preparation wins cases’ is as important to a properly run mediation, as it is to litigation.

My experience is that mediations are more likely to result in a resolution where the parties to the mediation, the lawyers for each of the parties, and the mediator all join in the ‘preparation’ process.

Mediation needs to be owned by the parties, for they are the ones who will live with that outcome.

Preparing for a family law mediation

The parties, their lawyers and the mediator can take a number of steps to properly prepare for a mediation. These include:

• agree upon a date which is sensibly in advance to allow for ‘preparation’
• agree a date that is going to work for all of the parties
• once the date is set, lawyers should confer and agree a timetable as to the milestones which need to be reached to be ready for the mediation
• monitor the milestones and update the milestones as needed
• be open and frank with both your client and the other side when milestones are drifting with a view to ensuring that ‘preparation’ is back on track.

Summary

My long experience is that thorough preparation brings enormous benefits. Without preparation we are not doing justice to parties or to the mediation process. Consequently, in many cases, lack of preparation can result in a substantial waste of money.

Parties invest substantially in the mediation process, not just in a financial but also in an emotional sense. I believe it is incumbent upon all involved to ensure that every step is taken to ensure the mediation has the very best chance of success – whether that is success on the day or a process that leads to a resolution in the not-too-distant future.

Further information

Read more about our family mediation services or contact family law mediator Chris Ward to find out more.