Going Through Divorce Mediation? Know How To Prepare

Posted on: 11 August 2020

If you're going to get a divorce, you'll likely be attempting mediation as a way to work out the legal issues surrounding the divorce rather than go to trial. However, you do not want to make the mistake of going into mediation without being properly prepared. These tips will ensure that you are ready for what is going to happen. 

Prepare As If You Are Going To Trial

You should be working with your lawyer to prepare for mediation as if you are going to go to trial to settle an issue. While this may seem like it is a bit much for trying to work out issues with your spouse, it isn't when you look at the end result of what you are trying to accomplish. You likely have a goal in meditation to get certain things out of the divorce, and you need to treat it like a trial in terms of presenting evidence to back up what you want the outcome to be.

For example, if you are seeking custody of your kids, you need to prevent evidence as to why you deserve custody. Your goal should be to put your spouse in a situation where their lawyer advises them to give you custody because you have the evidence that will cause them to lose their case in court. If you go into a divorce simply asking for things and hoping that your spouse agrees, you are going to set yourself up to fail. 

Prepare To Segment Out Issues

There are so many things to work out in mediation, which can cause people to haphazardly bounce around issues while trying to make concessions. This will cause meditation to go on longer than what is necessary. It is important to segment out those issues and deal with them as a whole, then circle back to a particular issue later if you need to make a modification.

Some segments to cover in mediation include debts, the house, custody, cash assets, vehicles, retirement, support payments, and personal property. By limiting what you are talking about to a single segment, you can help focus on it and work out the fine details in mediation. Knock out the simple segments first so that those can be out of the way, and save the most difficult ones for last. If you can't reach an agreement on any particular issues, you may have to go to trial to help settle it. Thankfully, everything else will be decided on before tension increases between you and your spouse. Contact a mediation attorney for more.