TEN SIMPLE RULES FOR ATTORNEYS TO GET THE MOST OUT OF FAMILY MEDIATION
1. ADVISE THE MEDIATOR IN ADVANCE about: domestic violence, the need to end the session early, health issues of either party, inability to pay the expected fee, desperate need for coffee and doughnuts or smoke breaks, etc.
2. COME WITH FACTS AND FIGURES. If you have not yet completed a financial affidavit or exchanged mandatory disclosure, at least bring all the back-up documentation you can to mediation. You and your client will have some slack time available to do a financial affidavit, and a settlement will be much more likely if the parties can see the real numbers on credit card balances, account balances, and mortgage payoff figures. Come with your estimate of values, proposed distribution schedules, and support for your numbers. Tell your client to bring records and phone numbers that may allow him or her to check on further details during mediation. A call to the automated mortgage payoff line can be made during the session, or a retirement plan administrator might be able to fax over the last statement to the mediator‘s office.
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