{"id":2878,"date":"2023-04-13T11:51:12","date_gmt":"2023-04-13T16:51:12","guid":{"rendered":"https:\/\/gbfamilylaw.com\/?p=2878"},"modified":"2023-06-06T16:32:22","modified_gmt":"2023-06-06T21:32:22","slug":"mediation-reminders","status":"publish","type":"post","link":"https:\/\/gbfamilylaw.com\/blogs\/mediation-reminders\/","title":{"rendered":"Mediation Reminders"},"content":{"rendered":"\n

When preparing for mediation, attorneys and clients often are focused on the \u201cmechanics of the deal.\u201d Obviously, having a negotiation strategy that you are prepared to implement is the centerpiece of effective mediation. However, all too often a successful strategy that is well implemented leading to an apparent \u201cgood deal\u201d is circumvented as the result of mistakes in the closing of the deal.<\/p>\n\n\n\n

Advance Preparation is Key<\/h2>\n\n\n\n

It is not uncommon for family law mediations to reach a resolution late in the day. Mediation is a process that is slow and methodical\u2026up until it is time to reduce the agreement to writing. At this point, the parties can be physically and mentally tired. They have generally just spent eight or more hours in deep thought, attempting to artfully maneuver themselves into the best settlement possible. Emotions are often high, as the mediator has carried information back and forth regarding the parties\u2019 respective positions about finances, property, and children. But finally, a resolution is reached.<\/p>\n\n\n\n

Now that an agreement has been struck, the process seems to accelerate. Everyone is tired and ready to leave. They all \u201cknow\u201d what the deal is and all that is left to do is to jot down the terms and get the document signed. This is an extraordinarily important time in the process that is often neglected, unless the parties and attorneys are ready for this final stretch of work. Our Dallas divorce lawyers<\/a> know that while oftentimes matters come to light post-mediation that get resolved through the natural de-escalation that occurs when the bulk of the parties\u2019 issues are settled, attorneys and clients should be wary to leave any issues open when reducing their agreements to writing. Details are important at this juncture, and the fact that the parties are not as sharp as when they started the day at mediation cannot be ignored.<\/p>\n\n\n\n

At this point, an attorney\u2019s previous preparation pays dividends. When getting ready for the mediation, the attorney, working with a client, devises a plan to achieve a settlement within a certain acceptable range. Hot button issues are discussed, and ways to bypass potential sticking points are evaluated. When dealing with complex issues, the more preparation that has been done prior to mediation, the better the results in preparing a written settlement agreement at the end of a long, hard day of negotiation.<\/p>\n\n\n\n

Don\u2019t Miss the Fine Details<\/h2>\n\n\n\n

As an example, a common issue that arises in divorce cases is the sale of the marital residence. Assuming that the parties agree to sell the house and have an equal share in the value derived from the sale, language such as, \u201cthe parties agree to sell the house and divide the equity\u201d is vague and unhelpful later when the parties\u2019 actually need to list the property for sale. More precision is needed and the prepared attorney will be ready to deal with effecting the parties\u2019 intentions. An attorney that has realized, prior to mediation, that the sale of the marital residence may be required to settle the case, will have prepared a list of important issues that must be dealt with to protect the parties and prevent problems after the agreement is entered. An attorney may have prepared a checklist dealing with a potential sale such as the following:<\/p>\n\n\n\n