How do I prepare for a mediation session?

1. Select a good mediator or mediation service provider.
2. Know your case.
3. Prepare a short case summary for service prior to the mediation.
4. Make a list of the strengths and weaknesses of your case and that of your opponent.

What should I say during divorce mediation?

• Be prepared to compromise and come to an agreement; not win.
• Set aside your personal emotions; prepare to work rationally.
• Create a list of all assets, possessions, and debts.
• Form a budget.
• Decide what your priorities are.
• Make a list of concerns and be prepared to share.

How do you emotionally prepare for divorce mediation?

1. Let go of the need to win.
2. Ask yourself what you really want.
3. Focus on the future, not the past.
4. Prepare for emotional triggers.
5. Be mindful of your partner’s emotions.
6. Take care of yourself.

How do I stay calm during divorce mediation?

1. Take a Deep Breath.
2. Release Negative Emotions.
3. Create the Big Picture.
4. Don’t Give Away your Power.
5. Pick Your Battles.
6. It’s Not Personal.
7. Own Your Part.
8. Get Support.

What can you not do during mediation?

Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other party’s resentment from counsel to the mediator.

What questions should I ask at mediation?

Do you have any questions about my role or the mediation process? Is there a business or other relationship between the parties that your client wants to preserve? What is the status of the dispute? Is counsel aware of any emotional or trigger issues on either side?

What are the 7 elements of mediation?

The seven elements include interests, legitimacy, relationships, alternatives, options, commitments, and communication. A seven-elements approach can be particularly helpful during pre-negotiation preparation. (Michael L.

What is the most difficult part of the mediation process?

The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute. Most disputes tend to be very personal and some people want their day in court, whatever the cost.

What do you say at the beginning of a mediation?

I’m (Mediator’s Name) and this is (Mediator’s Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.

How do you win at mediation?

1. Rule 1: The decision makers must participate.
2. Rule 2: The important documents must be physically present.
3. Rule 3: Be right, but only to a point.
4. Rule 4: Build a deal.
5. Rule 5: Treat the other party with respect.
6. Rule 6: Be persuasive.

Do couples ever reconcile during mediation?

Divorce Mediation doesn’t just mean splitting up. In my experience, it is not uncommon for couples to reconcile during the mediation process, which is another advantage of mediation over the traditional litigation path.

How long does mediation in divorce last?

Length of Mediation Just leave it for the mediation and move on to something you can agree on. On average, divorce meditation takes from 2 to 6 sessions. How long it takes you and your spouse will depend on how well you communicate, how willing you are to find a solution and the level of animosity between you both.

How do you keep your sanity in a divorce?

1. Lean on Others. It’s hard for many of us to admit that we need help, especially if we feel like our heavy emotions might burden those in our life.
2. Get Those Endorphins Going.
3. Look Inward.
4. Make Plans for Your New Life.
5. Seek Additional Support if Needed.

What should you not say in mediation?

• Marital property division and debt allocation.
• Retirement account division.
• Spousal support.
• Child custody.
• Child support.
• Insurance coverage.
• Future communication.
• Anything else.

Do I talk during mediation?

Speaking during a mediation session is vital to the overall process: it allows clients to move forward emotionally and psychologically. Talking during a mediation session helps to shift focus from blame, battle, and defense to problem-solving solutions.

How do narcissists deal with mediation?

1. Contact a good lawyer familiar with narcissistic behavior.
2. Limit contact with your ex as much as possible, ideally only communicating during the mediation process.
3. Avoid playing the game, if at all possible.
4. Remain as calm as you can.
5. Document everything.

What are the 5 steps of mediation?

• 1 — “It’s all your fault.”
• 2 — “Here is a bunch of new information that changes the value of the case.”
• 3 — “I know we demanded (offered) $x before, but we are going to have to demand more (offer less) now.”

Do you see the other party in mediation?

Mediation is a voluntary and confidential process in which the mediator, an impartial third party, facilitates open and respectful communication between parties. Mediation is not a contradictory process and is not meant to determine who is right or who is wrong.

What are five traits of a good mediator?

• Why Clients Bother With the Mediation Process. Before you understand what’s involved with mediation, it might help to understand why so many choose this process.
• Stage 1: Opening Statements.
• Stage 2: Joint Discussions.
• Stage 3: Private Discussions.
• Stage 4: Negotiation.
• Stage 5: Settlement.

How do you communicate in mediation?

1. Strive to understand through active listening.
2. Avoid communication barriers.
3. Watch your nonverbal communication.
4. Be ready to deal with emotions at mediation.
5. Focus on the facts.
6. Use your mediator and limit caucuses.
7. Conclusion.

What are the factors of successful mediation?

• Trustworthiness. A good mediator inspires trust.
• Approachability. Good mediators are seen as friendly, empathetic, and respectful.
• Dedication. Dedication is a sterling quality in all professionals, and mediators are no exception.
• Perceptiveness.
• Impartial.

What are three disadvantages to mediation?

• A Positive State of Mind. The parties should enter the mediation process with the idea that the case can be settled.
• Good Faith.
• Adequate Authority.
• Flexibility.
• Patience.
• Realistic Expectations.
• Preparation.
• Willingness to Listen and Heed.

What causes mediations to fail?

Lack of communication due to fear and intimidation of the process can lead to failed mediations. Cultural differences and or language barriers are another culprit. Withholding information or the misrepresentation of facts breaks down trust and slows the mediation process as well.

What percentage of mediations settle?

The answer is “sometimes,” according to a comprehensive study of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. Settlement rates in these programs varied widely, ranging from 27% to 63%.

What are the 3 basic principles of effective mediation?

Effective mediation requires that the mediator be qualified by training, experience and temperament: that he or she be impartial: that the parties reach their decision voluntarily; and that the parties decisions be based on sufficient factual information.