Family attorneys fight hard for their clients, and they often have to help those clients navigate difficult situations. Perhaps you are divorcing your spouse, and you need help securing your financial future through alimony. Or maybe you are trying to adopt a child who has been the victim of abuse, and you need a lawyer to guide you through the legal process of gaining guardianship. A good family lawyer does not just help their clients navigate the law; they help their clients move forward into better life situations. We appreciate the work these attorneys do, and we have dedicated this blog to spread the word about their profession.
Are you getting ready to go through divorce mediation but a bit nervous that you are going to lose control over the situation? Here are some tips to help you regain control.
Prepare As If You're Going To Trial
A common mistake that people make when starting divorce mediation is to not be prepared for a worst-case scenario. You want to make sure that you work closely with your divorce lawyer to ensure that all the research has been done, all financial documents are uncovered, all appraisals are complete, and you have a good strategy as to how you want to approach mediation. If you do not prepare as if you're going to trial, you may be caught off guard by your spouse with arguments that they will present to get what they want out of the divorce.
Create A First Offer
Someone needs to make the first move when it comes to making an offer in a divorce, and you should be the person to do it. Have your lawyer draft an offer that is something that is fair and balanced since a first offer will often be used as a starting point where modifications are made from it. If many things you want are already in place and not altered, you don't have to fight for them.
Have Leverage In Mind
There are things that your spouse will want to get out of the divorce, which is why you want to have leverage in mind as you enter mediation. You need to identify something that will motivate them to have a conversation with you about the things that you want. It could be money, assets, time with the kids, or sometimes even power. Creating leverage does not always mean that you are looking to start a fight in mediation but that you are trying to get what is fair for you.
Start In Different Rooms
Sometimes mediation can fall apart when things get emotional because you are in the same room as your spouse. You can actually separate you from your spouse by having you be in separate rooms while your lawyers do all of the talking. Things may actually progress faster because the lawyers are going to get to work at trying to settle a particular aspect of the divorce and won't have discussions with the emotion involved that you and your spouse will likely have if you are in the same room. This may help you if you are dealing with a spouse that is a narcissist or that is a bit controlling since you will only be dealing with their lawyer.
To learn more, contact a divorce lawyer.