Mediation is often the pinnacle of the divorce process. It can largely
determine how your life will look after the divorce, which can make mediation
a drawn out and often times heated process. Here are some helpful tips
of things not to do during your mediation.
Mediating too soon – Couples will often opt for an early mediation because it can greatly reduce
cost and time. However, in order for these to work, both parties will
need to have clear and succinct information ready. However, these mediations
can often fail if new information is brought up that calls for a thorough
investigation. Rushing the divorce process can lead to much more time
spent working out the overlooked details.
Choosing the wrong mediator – Mediators need to be well rounded, skilled communicators. If you retain
a mediator that is too heavy handed, or forceful in their approach, it
can often ruin the negotiations. Likewise, you don’t want a mediator
who will back down when pressured either. When choosing a mediator, it
is crucial that you hire a professional that you can trust, who will represent
you well, and seek an amiable agreement between both parties.
Failing to communicate with your mediator – It is important that mediators have the complete story, and that you don’t
withhold information. Information needs to be given as early as possible,
so that they can craft the best plan for your situation. If the mediator
has to make major deductions about your case, then it is likely that the
meetings will fail.
Poor briefs and unprofessional behavior – Briefs that contain misspelled words, heated accusations, and fail to stay
on subject, are ultimately wasting time and resources. Briefs should be
a well thought out, professional document that presents a clear plan of
action. Do not use your brief as a means to attack the other party.
Failing to understand your opposition – When preparing for mediation, it is important that you take time to learn
about the opposition you are up against. By doing so, you can be confident
in your negotiations, and avoid unnecessary pitfalls.
If you are need of a seasoned and skilled mediator or have question regarding
contact the Center for Mediated Divorce. We would be happy to assist you.