Navigating Mediation in Kentucky Family Court: How to Prepare

In a previous article, I discussed the mediation process in family court – what it is and what to expect. This post focuses on a crucial question: How do you prepare for successful mediation in your divorce, custody, or other family court case? Preparation involves two key aspects: preparing your case and preparing yourself.

 

 

• Preparing Your Case

 

Effective case preparation means working with your lawyer to ensure you've done your homework. This involves gathering and organizing information relevant to your case. 

 

• Financial Documents: Update financial documents like account statements, pay stubs, and recent appraisals of your home or vehicles. These need to be as current as practical on the date of mediation. 

 

 

• Spousal Support Considerations: If spousal support is an issue, create a detailed budget of your anticipated living expenses post-divorce. 

 

 

• Timesharing Schedules: For cases involving children, know the school schedule for breaks and holidays. Consider creating a proposed timesharing schedule outlining when each parent will have time with the children.

 

 

• Expert Input: If you anticipate needing input from a financial advisor or a child's therapist during mediation, arrange for their availability during the mediation. 

 

 

• Start Early: Because each case has unique elements, it's wise to meet with your lawyer a week or two before the mediation conference to ensure your case is thoroughly prepared. 

 

 

 

• Preparing Yourself

 

Preparing yourself emotionally and mentally can be even more challenging than preparing your case. Mediation requires you to make difficult decisions about things that matter most: time with your children, your housing situation, and your financial future. 

 

• Consider Your Preferences: Come to mediation with a clear idea of how you'd prefer these issues to be resolved. This doesn't guarantee you'll get everything you want—compromise is essential—but it gives you a starting point.

 

 

• Think About What You Can Live With: Beyond your ideal outcome, consider what you're willing to accept if you can't achieve your preferred result. What are your bottom lines?

 

 

• Don't Confront Issues for the First Time at Mediation: Thinking through these difficult topics before the mediation, and discussing them with your attorney, allows you to engage more effectively in the process. 

 

 

 

• Maintaining an Open Mind and a Solution Focus

 

While having preferred objectives is important, you must be prepared to keep an open mind. The progress you make in mediation may look different from what you initially envisioned.

 

• Flexibility, Not Abandoning Principles: Being open-minded doesn't mean compromising your core principles. It means being flexible enough to consider different paths to achieving your objectives. 

 

 

• Focus on Solutions, Not the Past: If you focus on past grievances or what your spouse/co-parent should have done differently, it will be difficult to compromise and resolve the dispute. Mediation is about finding solutions, not rehashing the past. 

 

 

• Emotional Preparation: Mediation is a tool for resolving disputes. Success is more likely when participants are emotionally prepared to be open-minded and solution-focused. 

 

 

 

• Practical Considerations

 

Finally, some basic practical advice: 

 

• Rest and Routine: Be well-rested on the day of your mediation. Maintain as much of your regular daily routine as possible to help you feel grounded and centered. 

 

 

• Logistics: Be sure you've made necessary arrangements to be off work, or to have child care in place in case mediation runs longer than expected. 

 

 

• Payment:  Your Mediator will be expecting payment when the mediation wraps up. Be prepared with a sufficient form of payment. 

 

 

Conclusion

Mediation is the primary method for resolving divorce and custody cases today, with most cases settling without a full trial. By undertaking the preparation described here, you'll significantly increase your chances of a successful outcome. 

 

 

Disclaimer: This article is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.