We have passed our intake assessment and been notified that our Family Dispute Resolution sessions start next week. I am a bit nervous as I have never done anything like this before. Is there anything I need to take with me?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Penrith 2570 NSW
- It is a good idea to write down a list including:
- things you can agree on and those you cannot;
- any questions you want to ask your ex-partner; and
- the needs of each of your children.
- Try think about some of the things that your ex-partner may be concerned about and consider how you might respond.
- Prepare yourself to make compromises. Think about which issues are most important to you and which you cannot budge on but also think about which issues your ex-partner might put on that list.
- Mediation is all about achieving a win-win result. It works best where each party realises that they are not going to get everything they want but they can get some of the things they want. If you are clear about what is most important to you then you may find it easier to compromise on issues that are not as important to you but which mean a lot to your ex-partner.
- It is a good idea to prepare an opening statement. Try to be objective and not to use negative words. Write down the issues and concerns that are most important to you and what brings you to the mediation.
- If you instruct a lawyer they will be able to provide you with some guidance. However mediation is an opportunity for you to have a voice. Your lawyer should remain in the background and be ready to give you information and advice if you need it but you should speak for yourself and make your own decisions.