By: Carole Chiamp

It is Often very helpful to use an expert in Mediation.  This article will give you reasons why, when and how you may want to use a financial expert and the types of experts who may prove most useful.  Click this link to see the full article…Experts in Mediation.

By: Carole Chiamp

There’s a way that most divorce negotiations work.  Planning, researching, setting goals, strategizing, then engaging in mediation sessions that ultimately lead to a signed settlement agreement. Click this link to see the full article…Negotiating and Closing.

By: Carole Chiamp

Times are tough around the globe.  Times are even tougher in Michigan as we all know.   Click this link to see the full article…Mediaton in Tough Times?

Where There Is Domestic Violence.

By: Carole Chiamp

The literature indicates that serious concerns have been raised about safety, power imbalances and the rights of the battered victim when mediation is used instead of litigation.  Mediators need to fully understand that domestic violence may affect mediation and be prepared to deal with it.  Click this link to see the full article…To Mediate or Not?

Mediation Matters
By:  Carole Chiamp
Chiamp & Associates, P.C.

“Where are we going, and why am I in this handbasket?”

— Bumper Sticker

Preparing Your Client for Mediation:  What Clients
Need to Hear

What is the toughest issue attorneys face in the negotiation and mediation process?  Preparing the client for mediation.  Whether you are using early or late mediation, the client must be prepared.  Attorneys often participate in mediation but they should assist in many different ways, especially in early mediation, by coaching the parties, reviewing documents, helping clients define or limit issues.  In order to be successful, preparation for mediation sessions is essential.
I asked a number of mediators who prepares their clients best for mediation and the name that came up repeatedly was Sally Rutzky, attorney.  I interviewed her to find out how she prepares her clients who are usually in early facilitative mediation.
She said that she tries to prepare them:  (1) substantively about the law and (2) to negotiate successfully.  When they ask her if a particular offer or demand is reasonable she professes ignorance.  She knows there can be no answer to that question without more information.  She finds a baseball analogy helpful to her clients though she claims little actual knowledge of the sport.  She advises them that mediation is like a baseball diamond.  She has them think of first base as gathering information; second base as defining issues; third base as exploring all options; and home plate as reaching agreement.  She advises that it does no good to hit the ball out of the park.  The scoreboard will not light up.  The client must go to and around all the bases in order:  first, second and third.  Then, and only then, will they get to home plate or agreement.  She teaches them that, when they flounder or hit an impasse which she tells them she knows they will, they should return to her for assistance.
Sometimes a client who is quite knowledgeable about the process will want to mediate.  Others who have been told mediation can be cheaper and less stressful want to use it for that reason.  However, a client cannot possibly know all they need to know.  Attorneys need to assist them.
Explain the process.  As attorneys, we are comfortable with mediation, having used it often.  Parties are unaware that when mediation is used and participants first meet it sometimes appears nothing will get settled.  Parties need to know that they may hear some unpleasant information and they should be prepared to receive and deal with the information.  They must know that the process is confidential.  They need to know that their case has both strengths and weaknesses and that they can seldom “hit a home run” in mediation.  Compromise is what mediation is about.
Identify problems.  Clients sometimes come to mediation with unrealistic expectations.  For example, clients often have heard that they should receive 50% of the property but they often don’t know that that percentage may not include inherited or gifted property.  The attorney must educate the client to have realistic expectations.  That means ensuring that your client knows the relevant law and the likely courtroom outcomes.
Advise the client on the range of costs.  Many clients who want to mediate early make the decision to mediate themselves and resist lawyer involvement.  They believe having an attorney and a mediator to be duplicative.  As the attorney you will need to let them know what you will do to assist whether it is helping to gather documents, helping to prepare various parenting plans or spreadsheets or assisting in forming reasonable strategies for settlement.  While explaining, the attorney should point out the difference in the cost of mediating and litigating.  The attorney should advise the client of loss from work to do depositions, emotional involvement and the impact on personal life.  Gentle reminders of the negative realities of trial can be quite helpful in movement toward a negotiated settlement.
Nancy Hudgins, a practitioner from San Francisco, has provided her clients with “Ten Tips for Preparing for Divorce Mediation”1:
1.    Envision civil negotiations.
2.    Make a checklist for each session.
3.    Sketch out a parenting plan or two.
4.    Gather financial documents.
5.    Strive for fairness in asset and debt division.
6.    Draft a monthly budget for expenses.
7.    Address the inevitable shortfall.
8.    Consider spousal support and calculate child support.
9.    Consult a family law lawyer.
10.    Monitor your attitude.  Stay positive.

I’m inclined to believe if every mediatee followed her checklist the process would go very smoothly.1.    Nancy Hudgins, Real Divorce Mediation:  Ten Tips for Preparing for Divorce Mediation, <http://www.realdivorcemediation.com> (accessed December 10, 2009)

By:  Carole Chiamp

IS THE MEDIATOR COMPETENT?

Any attorney can be a mediator under Michigan law.  Does having a law license make one capable of mediating?  I don’t know about you but there were no mediation classes taught at my law school.
How does a family law attorney or divorce litigant know how to choose a good mediator?  Carefully.  Some factors to consider are: Click this link to see the full article….How to choose a Mediator.

By:  Carole Chiamp

A discussion of Michigan Court Rule 3.216 on Domestic Relations Mediation and the few cases which can be found, most of which are unpublished Michigan Court of Appeals cases follows. Click this link to see the full article….Mediation Court Rules

By:  Carole Chiamp

I have been asked to write a column on mediation by Norm Robbins, our longstanding Family Law Journal editor.  My intent is that the column serve to provide information on mediation that will best serve clients, their family members and can benefit lawyers.  Click this link to see the full article….What is Mediation?