In family law matters, a mediation is an effective way of resolving a dispute. A mediation is facilitated by a neutral third party (the mediator). You can attend a mediation with or without your family lawyer.
We attend mediations regularly with our clients. We have put together our top ten tips of what you should know before you attend a mediation:
1. Obtain legal advice about how the family law process works, your entitlements and your likely outcome. This will enable you for make informed and calculated decisions during the mediation.
2. Think about what the issues you wish to address and write them down so you don’t forget them during the mediation. Think about why these issues are important to you and what roadblocks have stopped you from solving this dispute in the past.
3. Work out what you would like to achieve from the mediation. Think about what you consider a fair and reasonable and what your ideal outcome is. Again write it down.
4. Keep your expectations realistic based on the legal advice you have received. Unrealistic expectations for the outcome of the mediation will make it harder for the dispute to be resolved and will likely leave you unsatisfied with the end result.
5. If the mediation is for parenting matters, prepare copies of your schedule and calendar to bring along.
6. Merely attending mediation is not enough. It’s important to actively participate and be open to resolving matters. There may be new information or alternative scenarios that you had not previously considered.
7. Listen to what the mediator or the other party has said before immediately reacting – take time to absorb the information provided to you before reacting based on your emotions.
8. If you become upset during the mediation it’s okay to ask the mediator for a break, explain to the mediator how you are currently feeling or request to bring a support person.
9. Try to avoid spending too much time on the little things – if you get stuck, sometimes it’s better to move on to the next issue.
10. Finally, embrace the opportunity to resolve conflict and disagreements.
We have two meeting rooms available for hire to the professional public for client conferences and mediation. If you are a professional in Cairns or visiting Cairns, please contact us to hire one of our meeting rooms.
If you would like some advice on your family law matter, contact us on 40517575 or book an appointment online to get started.
