howToconducTanefficienTandcosT-effecTivefamilylawmediaTion
Mediation & Arbitration Section Chairs : JerryAlbrecht – AlbrechtMediation & AmberBoles – BolesLawOffice
Thesuccessofyour mediation , inpart , depends bothonhowwellprepared youareandhowwellyou havepreparedyourclient .
As family law mediators , we have seen the good , the bad and the ugly with regard to preparedness for a family law mediation , by both practitioners and their clients . Time and time again , we have seen cases fail at mediation that should have resolved . The success of your mediation , in part , depends both on how well prepared you are and how well you have prepared your client . This article will explore some of the most important but often overlooked items that are essential to a successful family mediation . discussing the PEACE acronym 1 with your client and being prepared to present your offers in that order are extremely beneficial . The practitioner should determine in advance of the mediation if the PEACE acronym should be presented globally at the onset , or if it would be beneficial to start with either children ’ s issues or financial issues and address the remainder separately . Presenting the issues in your case to the mediator clearly allows the mediator to stay organized and understand the issues quickly . This has a direct impact on the efficiency of your mediation , and thus could save your client money . While no one can control what happens in the other room , you as your client ’ s advocate , can control
how the process moves forward in your room .
Having your client complete , with your assistance or the assistance of an accountant , a long form financial affidavit is an enormous benefit for mediation . Parties have a lot of balls in the air during the pendency of litigation and often need prompts that the short form affidavit lacks . reviewing the needs and abilities to pay for both sides in advance will prepare your client for the difficult discussions that will occur during the mediation . This also enables the mediator to have an organic and meaningful conversation with the parties about the true reality of their financial picture .
One of the most frequently overlooked items in practitioner ’ s mediation preparation is having the breakdown of the family ’ s health insurance costs . Be sure you have exchanged in advance the cost of all scenarios , including employee only and if applicable , employee plus family and / or employee plus child ( ren ). The ability to quickly run alimony scenarios and child support guidelines depends on this information . Have your client obtain this information directly from their Hr department 2 rather than having them estimate the values . It is also crucial to have current childcare cost breakdowns directly from the provider . relying on your client ’ s calculation often results in wasted time and inaccurate data .
So much time gets wasted in family mediations on equitable distribution that could easily be avoided . Come prepared with an equitable distribution table that includes values that can be supported by documentation . Be sure you have not only the values at date of filing , but the current values as well . Any asset for which you are claiming a premarital component also needs to have documentation of the value at the date of marriage exchanged in advance . By doing this ahead of time , you avoid time wasted from the other room being blindsided and having to process not only the data , but the emotional response that goes with it .
If your client is interested in retaining real property , be sure they have met with lenders in advance of the mediation , so they know not only what they qualify for under the current financial circumstances , but what they will need in order to effectuate the terms of settlement . Knowing how much your client is eligible to qualify for is necessary to ascertain how realistic it is for your client to retain the marital residence . It also allows you to have a meaningful discussion about support scenarios .
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