• Philip Reich

Preparation Tips for Divorce Mediation

1. Preparation is key to a successful divorce mediation. Prepare yourself. Know your case. It is perhaps more important than ever in a divorce mediation to make sure that you have everything you need there at the mediation, so you are in the best position for a possible settlement.

2. Prepare the mediator. Let your mediator know not only the facts and issues at stake, but any unique history between the parties, your client’s sensitivities, the issues which are most important to your client, those issues which you believe are important to the other side, any unique attributes of the opposing party, and any special history between you and opposing counsel.

3. Prepare your client. Perhaps more important than in other types of mediation, it is crucial in divorce mediation to make sure that your client knows what to expect from the process, the alternatives to a compromise settlement agreement, and what a reasonable settlement looks like.

4. Know your Best Alternative to a Negotiated Agreement (BATNA). What is the BATNA? What other options exist? What is the court likely to do (and the chances for each)? What facts or rulings could impact your calculated results?