Preparing for a mediation Mediation is often the last chance to resolve a dispute before a long and expensive hearing. Parties who arrive prepared settle more often and on better terms. Here is how to get ready.
Before the day
Complete the intake. Nathan speaks with each party before any mediation is scheduled. Be candid in that conversation, including about anything that makes you feel unsafe.
Know what you want, and why. Write down the outcome you are seeking and the reasons behind it. Then write down what you could live with. The gap between the two is where settlement usually happens.
Know your alternatives. Ask yourself what happens if the mediation does not settle: what a court is likely to order, how long that will take and what it will cost. A realistic view of the alternative is the best guide to whether an offer is worth accepting.
Think about offers. In many disputes, refusing a reasonable offer can affect who pays costs later. If you have a lawyer, ask them about this before the day.
Get legal advice. You do not need a lawyer to mediate, but advice before the mediation on your rights and likely outcomes is worth having, and Nathan cannot give it to you.
What to bring
A short opening statement. Two or three minutes covering the background, the issues you want resolved and what you hope to achieve.
The documents that matter. Organise them in a single folder with tabs, so you are not searching during the mediation. What matters depends on the dispute:
Parenting: a calendar of the current arrangements, any proposals for changes, school and medical information, and any existing orders or parenting plans.
Property: a list of assets and debts with current values, bank and superannuation statements, valuations, and details of what each party brought to the relationship and contributed during it.
Wills and estates: the will, any grant of probate, a statement of the estate's assets and debts, and relevant correspondence.
Workplace and commercial: the contract or agreement, the key correspondence, and confirmation of who has authority to settle on each side.
Your diary. Mediations often settle on dates, changeovers and timetables, so know your commitments.
Support on the day
You may bring a lawyer and sometimes a support person. Support people are not there to advocate on your behalf, and their inclusion is usually subject to agreement by the other party.
Please ensure you inform Nathan who is coming before the day to ensure no disruptions on the day.
Logistics
Confirm the venue or video link, arrive early, and allow the whole booked period. Mediations booked for half a day often settle in the final hour, and parties who have to leave early lose that chance.
Eat beforehand, and bring anything you need to stay comfortable for several hours.
If you have questions about the process beforehand, read what to expect at a mediation and your rights, or send an enquiry.