Mediation can be an effective process for resolving a dispute. It is a mutual decision to dedicate time and resources to exploring issues in dispute and possible resolutions, or at least ways to narrow the dispute.
However, a mediation requires preparation. This blog is designed to identify key aspects of preparing for a mediation, to assist you and ensure you are ready to mediate.
Mediations are much more successful where a matter is ‘ready’ to mediate. For example -
In a property matter, this may mean that you have exchanged disclosure documents and you can determine the ‘matrimonial pool’ of assets, liabilities and superannuation. You should have had time to obtain valuations (if values are not agreed) and time to consider those valuations.
In a parenting matter, this may mean that you have exchanged any relevant information (for example, when parents discuss possible schooling options, enrollment information, and school results, this can be helpful information to consider).
In some cases, it can be helpful to mediate when interim arrangements have been in place for a period of time, to determine the most suitable arrangements for the future, or after a parent has fulfilled certain requirements, such as completing a parenting course or undergoing necessary testing (for alcohol or other substances).
If you are missing salient information or disclosure, it may be wise to reschedule mediation to a date after which that information is made available. Short or half-day mediations can be useful to narrow issues in dispute or determine an interim pathway forward to obtaining the information necessary to resolve a matter on a final basis.
Another aspect of preparing for a mediation relates to your mindset, which may be surprising but can be crucial to achieve a successful outcome at mediation. For example -
On the day of the mediation, you might need to make decisions in the heat of the moment and under pressure. For this reason, it is important to consider possible outcomes in the weeks or days leading up to mediation. You should consider the best possible outcome, and also your ‘worst’ possible outcome. This will provide you with a framework within which you can make decisions. Mediators often say that the best outcome is an outcome that you and your former spouse can ‘live with’.
Try to think creatively. What are the key outcomes for you? What will the key outcomes be for your former spouse? Whilst a good mediator will identify these and work to find unique solutions, if you have thought about outcomes before the mediation takes place, you might be more open to negotiating a settlement which you might not consider if you are only thinking about settlement options on the day of mediation.
Think about what may support you on the day, including the little things. Do you need a support person to be present with you, or a friend or family member you can phone to calm your nerves? Do you need a water bottle and snacks? Do you need a specific type of tea or a fidget/sensory toy?
Even if you do not ultimately attend your mediation with a lawyer, it is prudent to obtain legal advice prior to any mediation. This can help you to take stock of the issues in dispute and consider possible outcomes. Your lawyer will be a sage sounding board, providing you with honest and tailored advice having regard to the Family Law Act 1975 and matters similar to yours. You will know where you stand and hopefully be able to avoid making a decision that you may regret later.
If you are considering how best to prepare for a mediation, wondering whether your matter is ready for mediation, or if you would like advice about settlement options and a range of outcomes, our specialist family lawyers are here to guide you. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or by email on info@rmfamilylaw.com.au, or get started now online.