What Does it Take to Succeed in Mediation?

 Posted on March 17, 2016 in Mediation

Not every family law case has to be resolved by a judge. Even cases where the two sides are far apart can sometimes be settled through mediation. Mediation gives both sides more control over the outcome of their case and also allows the disagreement to be resolved efficiently and with sensitivity. However, to have the best chance at a successful mediation, you must be prepared.

Understanding Your Case

Before you can get what you are hoping for out of mediation, you need to understand the strengths and weaknesses of your case. With the help of your lawyer you can develop a strategy that highlights the strengths of your case and downplays any weaknesses. While mediation is about building consensus, it is also about helping both sides know where they stand if the case should go to trial.

Having Realistic Goals

You need to have realistic expectations of mediation. You are not likely to get everything you want out of mediation. You also are not likely to get everything you want at trial. You need to have a frank conversation with your lawyer about what is important to you. Your lawyer can help you determine what is a reasonable expectation given the facts of your case.

Understanding the Other Side

A family law case involves at least two different sides. The better you understand what the other side views as his or her strengths and weaknesses, as well as what is important to him or her, the better your chances are of finding a solution that works for everybody. You do not have to agree with the other side's perspective or position; still, if you want mediation to be successful, you do have to try to understand where he or she is coming from with regard to the basis of his or her perspective.

Looking Past Winning and Losing

Often, the legal system looks like it is a winner takes all situation. However, especially where family law is concerned, the cases are not about winners and losers. The cases are about creating fair and stable outcomes. When children are involved the primary goal is to create a situation that is in the best interests of the child. You may have goals in mind for mediation, but do not view achieving those goals as a matter of winning or losing. Be open to creative solutions that allow both sides to feel good about the outcome and achieve most of their goals.

If you have questions about mediation, or any other family law issue, you need to speak with a knowledgeable DuPage County family law lawyer right away. Find out if mediation is a good solution for your case. Call The Stogsdill Law Firm, P.C. today at 630-462-9500.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&