Mediation is required in almost all family law cases filed in our judicial circuit. Mediation is also required in most instances before relief from the court can be granted on substantive issues. Most family law practitioners attend hundreds of mediations over the course of their career. Mediation is a wonderful tool for litigators, but it is not often utilized in an effective way.
As both a family law practitioner and Florida Supreme Court Certified Family Mediator, I have seen trends in mediation which makes settlement conferences far less effective than they could be. Just a few simple steps are needed to increase effectiveness of your mediations and get your client the results they desire.
- Do not use the mediation time to prepare your client. This is a waste of everyone’s time and money. Schedule an appointment with your client ahead of the mediation. Go over all issues that will be mediated.
- During the preparation appointment give your client the best and worst case scenarios if the issues were to be litigated. This will better prepare them to compromise in the mediation conference.
- Explain the rules of mediation to your client (particularly the rule of confidentiality). Let your clients know that third parties are not allowed to participate.
- Explain the different outcomes which can occur at the conclusion of mediation (impasse, partial settlement, temporary settlement, full settlement, and continuance). Clients are more confident in their decisions if they are not learning on the fly.
- Ask your client for a priority list (prioritizing “must haves” and identifying those issues they can compromise). This will help tremendously in preparing global settlements.
- If there are minor children, exchange parenting plans ahead of mediation. This will narrow the scope of issues to be mediated. This is eye-opening when completed. Frequently you’ll find that a substantial portion of the parenting plan is not really in dispute.
- If equitable distribution is at issue, exchange equitable distribution schedules or a list of marital assets and liabilities with values attached ahead of the mediation conference. This too can narrow the scope of what needs to be mediated.
- Ensure financial affidavits are up to date; particularly if alimony and child support are at issue.
- If fees are an issue, be prepared to discuss the amount requested as part of a global settlement. Throughout the mediation conference, give your client information on how much the case will cost to litigate versus the cost (or savings) to settle.
- Do not use mediation to obtain missing discovery. If you need additional discovery, get it ahead of the conference.
- Send your mediator case information before the conference. This will save precious mediation time.
- Schedule enough time for the mediation (to include drafting time).
Mediation is a productive tool when the proper preparations are made. Clients are typically happier with outcomes they had a hand in creating.
By Lindsey French
