An increasing number of couples are choosing to mediate their divorce rather than have divorce lawyers duke things out in court.
This entails meeting in sessions with a trained divorce mediator — often a family law attorney who has been certified to do this — to work out such issues as custody, property division and alimony. If it works, it can be cheaper and less contentious than going to court.
But if you want it to be productive, you need to prepare.
First, you should pick a divorce mediator who will work best considering the dynamics of your situation. For example, a “facilitative” mediator works best for couples that bicker and fight, since their skillset is facilitating productive conversations. A mediator with an “evaluative” style is better at explaining the practical and legal pros and cons of different requests you might make, like seeking sole custody of the kids or demanding that the marital home be sold.
Interviewing a mediator ahead of time can help you figure out their approach.
Additionally, it’s a good idea to be represented by your own attorney, even in mediation. A lawyer representing your interests can help you strategize and prepare your response to different proposals from the mediator. They can also review the various agreements reached during mediation to ensure the agreements meet your needs and don’t raise legal issues.
You should also organize all your financial documents ahead of time so you really understand what you have and when it was acquired. This is important so that if, say, your parents gave a large gift to help you and your spouse buy your home, you have the records to prove it so you can try and get those funds back in a property settlement. Records to gather would include tax returns, W-2 and 1099 forms, paystubs, real estate appraisals, bank statements, investment statements, retirement plan statements, insurance policies, mortgage and auto loan documents, and credit card statements.
Finally, it’s important to make a list of your most important priorities so you go into the session knowing what kinds of things you can compromise on in order to have the best negotiating position. A good family law attorney can help you organize and prepare for a mediation.