Mediation is a form of alternative dispute resolution (ADR), or an informal legal process that helps parties involved in legal cases to resolve their disputes without having to go to trial. If your case is slated for mediation in Orange County, it’s important to prepare for the process ahead. Being sufficiently prepared can make all the difference to your experience and case outcome.
Know What to Expect During Mediation
You can have a better all-around experience with your first mediation session if you know what to expect. Mediation is an informal meeting where the parties involved in a case meet before an unbiased third party known as the mediator.
Unlike a judge, the mediator does not have the power to make a judgment on a case. The mediator is simply there to facilitate agreements, communication and compromise between the parties.
During mediation, the mediator will ask questions and clearly state the issues at hand, typically speaking to either party privately. The mediator will go back and forth between the parties to understand them and help identify potential solutions.
Mediation does not have to result in a resolution or binding legal agreement. It is a collaborative process that may or may not resolve the dispute. There can be multiple mediation meetings before a case either reaches a settlement or proceeds to a different type of ADR (or court trial).
Prepare Relevant Documents
If your case is scheduled for mediation, start preparations by gaining a detailed understanding of the facts of your case. Do this by gathering relevant documents and information connected to the legal matter. Organize everything so you can find it easily during your session.
Depending on your type of case, important documents may include:
- Financial records
- Tax returns
- Bank statements
- Employment records and pay stubs
- A list of your assets and debts
- Child-related expenses
- Any existing court orders
- An estate plan
- Prenuptial agreements
Some mediators require a brief, or a concise description of the key facts of the case and the parties involved. The brief is something that you or your Orange County divorce attorney can prepare ahead of time for the mediator.
Identify Your Goals and Priorities
It’s important to go into a mediation session with a clear idea of your goals. Take the time to ask yourself what is non-negotiable vs. what you are willing to compromise on. Write down what you’d like to achieve with the mediation session. It can help to organize your goals into three lists: your must-haves (non-negotiables), goals that you’d like to reach but are flexible on, and proposed terms that are dealbreakers for you.
Remind Yourself to Be Receptive to Compromise
Just as key as your practical planning is your emotional preparation. Before attending your first mediation session, check in with your mindset. For mediation to succeed (allowing you to avoid going to court), you must have an open mind and be willing to compromise.
Manage your emotions to avoid frustration, hostility and argumentativeness during mediation. You should be prepared to state your position, listen carefully to points made by the other side and make decisions with mutual respect.
Hire a Family Law Attorney in Orange County for Mediation Representation
Having an attorney by your side during your first mediation session can provide an invaluable source of assistance, support and legal advice. Your family attorney in Orange County can help you understand and protect your legal rights, come up with creative solutions, and create a plan for what to do if mediation fails.
An attorney advocating for your best interests can allow you to have greater peace of mind during this stressful time. For more information about what to expect during mediation and how to prepare, contact Boyd Law.
