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HOW YOU AND YOUR CLIENT CAN MAKE THE BEST USE OF MEDIATION Encourage and Support Your Client’s Participation in and Use of Mediation. You can encourage your client in mediation whether the case is voluntary or court-ordered. In this author’s experience alone, there have been many occasions when mediation has worked in some way even when clients have resisted court orders to attend, or have put it off until the last minute, or come in saying there is no hope. An, let’s face it, these clients have ongoing relationships and have to deal with each other, sometimes on a daily basis. They need to find problem-solving and effective communication strategies and processes that will enable them to succeed. Mediation can provide them the opportunity to discover those strategies and develop and practice those processes. Develop a Legal Framework With Your Client. The better informed your clients are of their legal rights, responsibilities and options, the better able they will be to make good decisions in mediation. This includes definitions for such terms as “sole custody,” “joint custody,” “physical custody,” “major decisions,” day-to-day decisions,” and the criteria for determining child support and maintenance. This also includes consequences and ramifications of these choices. It would also be helpful for clients to have some idea of what might happen in court if the issues were to remain unresolved, although it is evident that an attorney cannot make guarantees of court results. It is also helpful for an attorney to provide as much of this information as possible in writing to the client because it is often difficult for them to accurately remember all the information they receive from their attorney. It is important that you develop a “legal framework” as compared to a “legal position.” Framework provides for movement, change, and evolution of options and ideas. Positions trap, limit, and narrow possibilities for resolution. The task is to build an agreement that is workable for the clients based on the expressed needs, interests and concerns and which fits within the legal framework. Keep in Touch With Your Client. Generally, attorneys do not participate in mediation sessions with divorcing couples. Therefore, encourage your clients to keep you informed during the process so that they have continued access to your advice and legal expertise. This also gives you the opportunity to express any concerns you may have about agreements being considered so they can be discussed in mediation prior to the finalization of the agreement. Communication Between Attorneys and Mediators. Call the mediator as soon as you have concerns or questions. While it is not necessary for attorneys and mediators to have frequent contact, it is important to have the type of contact needed to suit the particular case and situation.
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