5 Tips to Prepare for Divorce Mediation

Preparing for a Florida Divorce Mediation

All divorce cases in Northeast Florida are referred to divorce mediation by the courts before the case can proceed to trial. Not surprising, most contested divorce cases are resolved in mediation. While mediation is less confrontational than a contested trial, it is no less important. Depending on the facts of the case, decisions made during mediation can have life-long implications. Here are 5 tips to prepare for divorce mediation:

1. Discovery

The first step in a successful divorce mediation often begins months before the actual mediation date. Both the client and attorney work together to determine the existence and value of marital assets and liabilities. For example, it is important to know the value of your spouse’s 401k well in advance of mediation. For more complex assets, such as a business, experts may need to be retained to value assets before mediation. These will be important for both alimony and child support when they are required.

In cases where time-sharing with children is an issue, documents relevant to critical issues may need to be requested or subpoenaed and key witness need to be deposed prior to mediation. Building a strong time-sharing case in advance of mediation case often makes resolution more likely.

2. Planning

Once you have gathered all of the information necessary to understand all of the facts of the case, you should meet with your attorney to clearly define your goals and desired outcomes in the case. Many times client’s expectations and goals shift during the divorce process and are different from when the case first started.

After discussing goals, in cases with significant assets, a good divorce law attorney will work with you to put together an equitable distribution spreadsheet. Ideally, an equitable distribution spreadsheet will list the assets and liabilities of the marriage and the client’s proposed distribution. By creating an equitable distribution spreadsheet in advance of the divorce mediation, a client is able to save time (and money) in mediation by being able to quickly reference the equitable distribution spreadsheet during the negotiation process.

3. Mediator Selection

An experienced divorce attorney will be familiar with a wide range of mediators. This knowledge is important because some mediators may be very strong with time-sharing issues, but may not have solid experience with complex assets, such as division of a business started during a marriage. Knowing which mediator to hire, based on the facts of the case, can increase the chances of resolution, saving money by reducing the chance a case will go to trial.

4. Attitude at Divorce Mediation

It is no secret that divorce is a stressful process which is fraught with negative emotions. However, being able to compromise, and keeping an open mind, often yields a better result than taking a case trial. A judge typically has thousands of cases on his or her docket. A judge will make a decision based on the evidence and testimony present at trial. A trial may last a few hours or a day. A divorce, and the story behind a divorce, is often far more complex than can be effectively presented in one sitting in the formal environment of the courtroom.

The mediation process allows the parties (i.e., the people knowledgeable about of the facts of the case) to craft far more creative solutions than a judge will at trial. For example, people that want a flexible time-sharing schedule are more likely to achieve a desired outcome than leaving it up to judge who has never met the parties’ children.

Mediation is confidential, meaning what is said in mediation stays in mediation. An offer made in mediation is inadmissible at trial. Confidentially allows parties to take risks and come up with creative offers.

5. A Trial Might be Necessary

Mediated agreements are often easier to live with because they are not imposed by a third party. However, just because mediation occurs in a non-confrontational environment, it does not mean the parties should not be prepared or take it seriously.

While it is preferable to resolve most cases in mediation, you and your attorney must absolutely be prepared to go to trial. Attorneys that are comfortable trying cases often achieve better results in mediation.

If you have questions about divorce mediation, or want to request a free initial consultation in St. Johns County, Florida please contact divorce attorney Chris Taylor today at 904-834-1991.