Law Blog

Do's & Don't's for Mediation

Tuesday, 28 September 2010

Family Law, Parenting Matters

DO
  • Focus on the needs of your child/ children, as ultimately the mediator and the courts will take this perspective
  • Where appropriate, separate the concept of "child custody" from feelings you have towards your ex-partner and arguments you have with your ex-partner - remember that the needs of your child/ children are the focus
  • Address your child's special needs by considering his or her education level, health, development, age etc
  • Give credit to your ex-partner regarding his or her parenting skills where that credit is due - this kind of magnanimous behaviour reflects well on you
  • Realise that your child will most likely benefit most from spending time with both of his or her parents
  • Attend mediation with a proposed parenting plan
  • Try your hardest to display a professional and business-like attitude
  • Prepare for the mediation as much as possible, preferably by seeking legal advice in advance

DON'T
  • Focus on your own needs to the exclusion of your child's needs - the mediator is not interested in your needs, except where they affect your child/ children
  • Bring up issues regarding an impending property settlement, divorce or child support issues when the mediation is designed to agree on a parenting plan
  • Be hasty... arriving at a mutually acceptable parenting plan that does justice to your child/ children is the goal, and this may take some time
  • Be aggressive or insulting to your ex-partner - this will only reflect poorly on you in the eyes of the mediator
  • Try to punish your ex-partner by trying to get as much time with the child/ children as possible, simply to spite your ex-partner
  • Turn up to mediation completely unprepared...
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