Be willing to compromise on your plan and schedule. Bring multiple plan and schedule ideas to discuss. Write down concerns and issues you want to discuss at mediation. Bring documents like work schedules and your child’s school schedule.
What can you not say in child custody mediation?
Use “I” statements. DON’T lean forward, loom, or stare at either the mediator or the other parent. Intimidation tactics, while they might work in the boardroom or during a sporting event, do not work in the context of custody mediation. DON’T sign anything in mediation without consulting your lawyer, if you have one.
How do I prepare for custody mediation?
Preparing for mediation
- Learn about the mediation process.
- Think about the issues.
- Work out what you want.
- Understand your legal rights.
- Think about the options for ending the dispute.
- Understand your emotions.
- Plan how to communicate. Think about whether you need to take someone with you.
- Find out about interpreters.
What should you not say in 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 do you discuss during mediation?
The following issues are often discussed in a mediation involving a separation or a divorce.
4. Spousal Support and Expenses:
- Spousal Support: amount; method; time.
- Health insurance.
- Life insurance.
- Pension plans.
- Educational expenses.
- Housing expenses.
- Legal expenses.
What questions does a mediator ask a child?
1. Tell the child what Mom and Dad told you about him/her (their favorite activities, school subjects, friends, etc), include what the parents said they liked most about the child (affectionate, creative, helpful, etc.). 2. Ask what they like about Mom/Dad (do for each parent in turn).
What should I bring to mediation?
Checklist: Things to take with you to mediation
- Take documents like court documents, statements, photographs, invoices and payment records.
- Put all your documents and information in order. …
- If you want the other parties to look at any documents, you may want to make copies to give to them.
Do both parties pay for mediation?
If you are invited to mediation, it is expected that you will pay for your fees, unless you are eligible for Legal Aid or your ex-partner has offered to pay for it.
What questions do they ask at mediation?
Some of the questions that a mediator ought to ask counsel for the parties during the mediation include the following. What are your/your client’s goals for this mediation? What would help you achieve your goals? What are the obstacles to resolving the dispute?
Do judges follow mediator recommendations?
Yes the judge will consider the mediator’s recommendations, but the judge will also rely on the testimony of the parties and any witnesses presented.
What happens if mediation is unsuccessful?
If the mediation fails and you do not reach an agreement or settlement, you can still take the issue to court. … Also, anything that is discussed or has occurred in mediation remains confidential and cannot be admissible in discovery.
What are the 5 steps of mediation?
There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.
How do you win a mediation hearing?
Mediation: Ten Rules for Success
- Rule 1: The decision makers must participate. …
- Rule 2: The important documents must be physically present. …
- Rule 3: Be right, but only to a point. …
- Rule 4: Build a deal. …
- Rule 5: Treat the other party with respect. …
- Rule 6: Be persuasive. …
- Rule 7: Focus on interests.
How do you present yourself in mediation?
Guidance: Preparing Yourself for Mediation
- Ensure that both party and representative are present, fully informed and have authority to resolve the dispute. …
- Expect the unexpected. …
- Listen, listen, listen!! …
- Watch those tactics. …
- Be prepared for mediation. …
- Be imaginative. …
- Watch yourself.
What percentage of cases settled mediation?
In California, approximately 95% of civil cases settle out of court. Many of these settle at a mediation.
How do I prepare for mediation?
Preparation: The Key To Mediation Success
- Exercise Due Diligence in Selecting the Mediator. …
- Identify and Involve Client Representatives. …
- Determine Whether Information Exchanges Are Necessary. …
- Prepare Arguments Supporting Legal Positions and Settlement Positions.