Unless you go into mediation with the attitude that you know this isn’t going to work, mediation is a great opportunity to take your case out of the clutches of the legal system and put you back into ultimate control.
Before walking into the mediation room, here are a few things to remember:
The mediator is not there to side with either party and elicit a final, binding judgment.
Instead, the mediator acts as a guide, facilitating the meeting in a professional manner and helping to coordinate the communication between the parties in hopes of coming to an amicable resolution.
The attorneys are there as legal support, making sure your rights are protected and interests are best represented.
But no matter the support personnel at mediation, the people who matter most at mediation are you and the other party (i.e., your spouse, former spouse, and/or child’s mother).
If you are able to look beyond your frustrating/difficult past and focus on solving the issues that you are presented with now, you may be able to develop an agreement that allows you to stay out of the court room and saves considerable funds in attorney’s fees.
Pick and choose your arguments and focus on the main issue at hand, so you can move forward in the most cost-effective manner, and in a way that you are most comfortable.
So, the next time your lawyer sets up mediation, don’t ask, “What’s the point?” – instead, ask yourself what you need to do to keep an open mind and resolve the issue today, so you can begin living for tomorrow.