Mediation is a structured process where both parties agree on and hire a neutral third party, also known as a mediator, to assist the parties in reaching a solution. During mediation, the parties are usually in separate rooms (with their respective attorneys, if hired), and the mediator hops between the two rooms to facilitate an agreement. In divorce and family law cases, a mediator with extensive knowledge in family law is hired. While it is cheaper than litigation, mediation is not necessarily cheap. Each party will have to pay the mediator and their respective attorneys. The key to a successful mediation is to be reasonable and realistic about the outcome of your divorce. Below are some practical steps to prepare.

1. Make a list of issues you and your spouse have come to an agreement on.

2. Write down how these issues (listed in number 1) have been resolved.

3. Make a list of issues that need to be resolved.

4. Write down your desired outcome (interest) of the issues.

5. Write down what you think your spouse’s interest will be on the issues.

6. Write down how you think the judge will rule on the issues.

7. Place a star next to the top 3 issues most important to you.

8. Gather and make copies of documents supporting your case.

9. If children are involved, draft a proposed visitation schedule.

By completing the steps above, you will gain a better perspective of your case. Your well thought-out approach will allow you to come up with creative compromises. Also, this will ensure you do not leave out an important issue, since mediated settlement agreements are legally binding and enforceable.

Here is an example of an Issues Chart to help you prepare for mediation:

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