MEDIATION AND FAMILY DISPUTE RESOLUTION

 

What you need to do to prepare for Mediation

 

To properly prepare for a Mediation, Family Dispute Resolution Conference or Conciliation Conference you need to do your homework. 

Make a list of:

  • What is already agreed.
  • What you need to agree on.
  • What is important to you:
    • To keep & get out of the mediation;
      • To have the other side keep or get out of the mediation.
    • What you think is important to other side:
      • To keep or get out of the mediation for themselves;
        • To get you to do or agree to.
      • If you want to retain something from the property pool, think about why you want it and should retain rather than the other side;
      • In parenting matters, what arrangements you think will be in the best interests of your child and why.

      You should also think about why these things are important to you and make notes about that as it may help you explain your position at the mediation. 

      To make the most of Mediation you must be well-prepared and able to explain where you are "coming from". 

      You must also be willing to deal with issues and questions raised by the other party and the mediator.

      If you are representing yourself at the mediation you should prepare your Opening Statement

      • List your key concerns and issues.  Have some notes already prepared to refer to when you are at the Mediation making your opening statement.
      • Keep your points short and to the point.
      • Try to write objectively and avoid using negative words.

      To get the best out of the mediation process, you also need to make sure (as best you are able) the other side is ready for the mediation, both practically and emotionally.  You can try to do this by:

      • Making sure you have made full disclosure of all relevant documents to the other party.
      • Consider whether it might be helpful to make a proposal or offer of settlement to the other party in advance of the Mediation.
      • Encourage the other party to obtain legal advice.

       

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      Content By:
      Michelle Beatty
      MRB LAW

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