Colm Brannigan Mediate.ca

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There are as many parenting plans as there are families. Any plan should be crafted to your unique situation. There are plans in which one parent has most of the responsibility for the care of the children There are plans in which both share time and responsibility for the children more equally, such as in joint custody plans. The most beneficial plans are those that are discussed and accepted by both parents and meet the ever changing needs of the children.

Know your file well and reality test your client. Be honest in your assessment of the strengths and weaknesses of their case. Know your client's desired outcome and the probable outcome? Know which outcome(s) your client can live with and what is an unacceptable outcome (BATNA & WATNA)? The mediator will, at some time, likely ask what your client really wants/needs to reach a resolution. Your credibility will suffer if you do not have an answer.

As in litigation, preparation of your client is the most important step you can take. Your client is even more central to the process in mediation and should be ready to play that role. If you have a client who can speak well then let him or her interact with the mediator and the other side directly. A well prepared client does not need to be protected from themselves and can be your most useful weapon to engender sincerity and empathy.

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