Mediation is a useful alternative dispute resolution method that can facilitate the parties to a dispute to reach a mutually agreeable solution without contesting the issues before a judge. You may agree to attend private mediation prior to any court proceeding, or you may be ordered by the court to attend mediation when a court proceeding is already on foot.
Nevett Ford presents a series of brief tips on preparing for a mediation.
Narrow down issues in dispute
The first step in your preparation is to consider which aspects of the matter you and the other party already agree on, which aspects will be relatively easy to resolve, and which aspects will be the most challenging. The challenging issues will likely be the focus of your mediation and accordingly, the focus of your preparation.
We highly recommend consulting with a family lawyer to discuss the issues in your particular circumstances, so you can get a clearer sense of what the strengths and weaknesses of your case are, what your legal rights and responsibilities are, and how the court would likely approach your matter if it does not settle at mediation. A family lawyer can also assist you in getting your documents ready before mediation and represent you at mediation.
To discuss your particular situation, please contact our family law team on 03 9614 7111 or melbourne@nevettford.com.au.
Additionally, learn about the importance of preparing a chronology for mediation in our next blog here.