Monday 19 November 2012

How To Get The Most Out of Your Mediation

By Mary Anne Ford


The break up of a marriage presents with it more than a few challenges, both psychological and fiscal. It will almost always be in the benefit of the parties to decide upon the matter through some kind of Alternative Dispute Resolution, rather than getting involved in a long drawn out court room battle.

There's a conventional opinion where the only winners from litigation are the lawyers, not the people themselves. As a form of alternative dispute resolution, mediation is geared toward assisting the parties to come to united advantageous outcomes, without the burden and expenditures of going to court.

The mediator is an impartial 3rd party whose main goal is to facilitate the continuing negotiation of the parties. The success of mediation is the fact that the parties themselves are active players in producing the end result.

Factors to consider when beginning Mediation

It is important to know what you would like to get out of the mediation. Take into consideration your interests and what significant things you can and cannot compromise on. Take into consideration the needs of the other party.

After that, the parties may need to consider the different alternatives. This should be achieved based upon a reasoned evaluation of all the key information. It is essential that all research be accomplished prior to the mediation.

The listed preparation may be useful to you:

1. Make a current list of your assets and liabilities;

2. Have a copy of present valuations or value determinations of real estate property, cars, motor bikes and other worthy belongings

3. Get a copy of present superannuation statements

4. If you are considering having a marital asset shifted to you, make sure you have sought the advice of your financial financial institution.

You should not make assumptions precisely what the opposite party expects or as to exactly what the other party is thinking. You must approach the mediation with an open standpoint, as much more is obtained when both parties are willing to make sensible compromises.

Be sure that you take the time to take into account almost any opportunity offered to you. You have to concentrate and responsively. Rather than flatly decline any options presented to you, aim to re frame the option considering your interests.

Think about the long term consequences

Don't forget to keep in mind the long term effects of any agreement you make. The aim of mediation would be to come to an agreement which you are happy with and which is able to finalise the matter for you.




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