Best Wilson Buckley Family Law

Mediation is often assessed in terms of a single factor only, namely whether or not parties reached settlement, regardless of the way in which it was reached or the quality of the outcome.”[1]

To ensure your mediation is cost and time effective, spend time thinking about what you would like to achieve and how this can happen. Preparing for the mediation will undoubtedly place you in a better negotiating position. Below are some tips on what you can do:-

  1. Think about why you have chosen mediation and inform yourself about the mediation process.
  2. Do you want your dispute or concerns resolved during the process?
  3. Write down options for finalising your matter.
  4. Write down your ‘goals’ for the mediation.
  5. Consider those issues that you would be prepared to ‘give’ on (after all, negotiation is about give and take);
  6. Consider your emotions and whether you need a support person with you at the mediation.
  7. Have you received legal advice? Do you know your legal rights and options?
  8. Gather the important and relevant documents for the mediation.
  9. Consider the ‘price of certainty’.[2]
  10. If the matter does not resolve at mediation, discuss with your solicitor ‘what happens next’. If you don’t have legal representation, consider talking to a solicitor for advice on the next step/s;

Preparation is essential if parties are to experience the benefits of mediation and gain the most out of it”.[3]

[1] Mediation Skills and Techniques (2nd Edition) Laurence Boulle and Nadja Alexander (LexisNexis) – page 12

[2] An agreement reached at mediation involves the parties to the dispute ‘agreeing’ on the outcome. This is one element of ‘certainty of an outcome’. Another element of certainty is the immediate end to the dispute as opposed to waiting for a Court’s decision. Reaching an agreement at mediation eliminates or minimises further legal costs, another advantage of a successful mediation.

[3] Mediation Skills and Techniques (2nd Edition) Laurence Boulle and Nadja Alexander (LexisNexis) – page 39