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Mediation in Family Law-What should someone know?

Updated: 8/17/2019
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GML929939

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14y ago

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* Meet with your attorney to review issues you should address in mediation. * Discuss the issues the other party may raise; ask your attorney how to answer these issues and for alternative solutions. * Ask your attorney about the mediator's techniques (e.g., searching for common goals, focusing on the child, or role-playing) * These are the main things you should focus on in mediation: * The goal is to determine what is best for the child. * To achieve the desired outcome, you must convince the other party and the mediator that your suggestions are truly in the child's best interest. * You should be prepared to explain why the issues you want addressed in mediation are vital to the child's best interest. * Mediate in good faith (no secret agendas). * Mediation is not the place to make the other party look bad. * You should not buy into the other party's hostility or accusations about issues unrelated to the child; You should tell the other party (in front of the mediator) that you there to talk about co-parenting, not why the marriage failed.

* If the parents have different perceptions about the child's wants, you should ask the mediator to meet with the child (assuming the mediator has not already announced plans to do so). * If the child is old enough to understand, discuss your plans with the child so that the child feels like he or she is part of the process and is not being ignored. (This is particularly important for teenagers.) * Be prepared to correct any misperceptions by the other party regarding the client's household, the needs of the child, or you r ability to parent. * If you are anxious about the mediation process, consider role-playing the mediation with your attorney or someone else who has been through the process. * Find out if information revealed in mediation is not confidential and may be reported to the court. Talk to your attorney on how to avoid topics that may prove detrimental (such as, "This topic is not relevant to the child."). * Take notes during mediation so you can give your attorney a written summary of important statements made by the other party, yourself, and the mediator. * Do not to sign any documents produced during the mediation session until your attorney has reviewed them.

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