Most family mediation is really divorce mediation or separation mediation, making two household out of one. In Minnesota this is often done by attorneys, but though attorneys can be very helpful, it is often not necessary to retain or hire an attorney for most divorces or separations. Here’s how to do it.
First, find a good mediator- a family mediator. Not all mediators are the same. Some are really good at property division. Attorney mediators are good at details, but often not so good at emotionally charged situations. What many attorneys call mediation is often more negotiation, with pushing to get results. Counselor or pastor mediators (No, not all mediators are attorneys!) are wonderful for interpersonal conflict and working out creative child custody issues but may not have experience with S Corps or LLCs. I do have experience with such things and am happy to refer people to appraisers and accountants: they are generally less expensive than getting an attorney to help. I can get results with most folks.
Second, figure out how and where you cooperate and agree before you come in to see me. Bring a list of your issues and agreements to me, for example, and it can take hours less, saving you hundred of dollars.
Third, understand that mediation means give and take. You will not get everything you want. If you are locked into a position, and can’t think of any other way, you won’t do well in mediation, but you won’t get everything you want in court, either. With mediation you can ponder and try different options. In court you usually have to accept what the judge rules.
Fourth, it is best if you have children to focus on what’s best for them. The more you can cooperate, the better off your children will be. And so will you. Think before you speak and act. Words and actions in divorce can seldom be taken back. The single best indicator of how well kids will do (even grown ones) post-divorce is how well you two can cooperate, even though you may not agree on everything.
Custody mediation, divorce mediation and family mediation are seldom easy. But they are most often the best way to avoid unneeded expense, pain and anguish. Mediation can help you co-parent after separation in a way court battles can’t.