Not ready for mediation, no problem!
Attorneys common mistake is to wait to go to mediation until the case is about to be set for trial Avoiding the mediation process may do nothing more than expose your to clients to needless aggravation and unnecessary conflict. Here's a list of benefits that you can achieve by initiating the mediation process at the onset of the divorce process:
- Houston, do we have a problem? Many parents will walk into court needing direction and guidance for their problem. While court's are willing to help the parties through the conflict they face, mediation is the better forum.
- Its okay to say collaborate: Early mediation sessions work to direct the parties through the problem solving process. A Problem solving mediation session allows the parties to collaborate in order to best determine how they will resolve issues at hand. Attorneys its okay to say collaborate - its mediation after all! Issues resolved early on include: understanding of basic wants and needs of parties, mapping out how parties will get to resolution of issues in dispute.
- Are emotions getting in the way? Many parents walk into the divorce process stuck in the emotions of the divorce process. Mediation should be used to talk counsel and the parties through how the parties will transition through the divorce process.
- I'm in control of the process: If the parties start the mediation process they will feel willing to be part of the problem solving process. Parents were raising these kids before the divorce and will be raising them after. Option building allows parents to learn how to successfully communicate and co-parent.
- Add, mix and stir: It may be obvious that a mental health professional should be included in the mix to help parents learn HOW to engage the other parent. Developing and prepping parents for life after divorce - not a bad idea, right?
- Getting to know your mediator - The more you meet with the mediator the more your client will be able to engage and feel listened too. Getting your client to buy into the mediation process is not only what you want, its what you need.
What time is spent at the courthouse is now time spent with the mediator.
If your client's goal is to co-parent then problem solving mediation approach is the obvious choice. Let us know how we can put our mediation services to help the divorcing family.
Happy holidays.
Matt Sossi