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How to Make the Most of Your Upcoming Mediation Session



Engage in a document exchange ahead of time

  • Mediations work best when both parties are serious about entering into good faith negotiations

  • Hiding financials is likely to heighten distrust, rendering the mediation process less effective – or possibly precluding any possibility

  • A mediation will be less costly if both parties arrive with: (1) a feeling that the other side is being cooperative and transparent; and (2) a feeling that they have enough information to engage in fruitful discussions.

Know your financials

  • Make a list of all of your accounts and assets, separated by category. This would include bank accounts (checking/savings), credit unions, health savings accounts, retirement accounts, stock accounts

  • The better you know your assets, the more fruitful your efforts can be

Consult an independent attorney before your mediation, and plan to consult them prior to signing any mediated document

  • Mediation can save you enormous amounts of time, money, and energy.

  • When it comes to matters of divorce, mediation can save you and your children the trauma of a difficult and drawn out litigation process

  • However – you should always go into mediation knowing your rights and obligations, so that you better understand the value of negotiated items.

Think about what the other party values most

  • Think about what the other party values most.

  • See if you can use this information to craft win-win offers. The mediator will help you with this, but it's a great idea to give it some thought ahead of time.

Consider your attitude

  • Conflict is hard and it can bring out the worst in people.

  • Come into mediation with clear boundaries, but an open mind. This will give you the greatest chance at success.

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