There are a few mistakes I see in mediation, namely:
Tripping over a dollar to save a penny
When you fail to spend $450 for a pension valuation, yes, you are saving $450, but you are losing tens of thousands of dollars in the valuation. When you do not know the tax implications of spousal support on your future budget, then failing to spend $650 for a spousal support analysis is saving you $650, but potentially losing you tens of thousands of dollars in taxes to Uncle Sam.
Interrupting your spouse in mediation
The mediator can only hear one party at a time.
Expecting the mediation will be completed in thirty minutes
I can think of five mediations I have conducted in 15+ years where we were completed in 30 minutes. It took years to create your marriage; it will take several hours to dissolve it.
Talking down to your mediator
Your mediator is either your ally or your enemy. Choose wisely.
Failing to consider your post-divorce expenses
Make a budget. You need solid information regarding your expenses in order to properly negotiate for support (received or paid). Too many parties agree to pay too much support or agree to accept too little support based upon a lack of information. You cannot negotiate until you know the information.
Overplaying your hand
Suggesting that you are doing something for the benefit of the other party when in reality it works in your favor is transparent and disingenuous. A good mediator will call you on this behavior. Come to mediation ready to make fair decisions for both parties.
Only listening to the best case scenario from your advising attorney
Courts are notorious for giving a win to the wife on point A, but then awarding a win to the husband on point B. So, if you are only listening to the best case scenario from your advising attorney on each and every issue, you are setting-up yourself for failure * either in mediation or at trial. Unless your spouse is a convicted drug-dealing loser, you won*t win every point at trial or mediation. So, be fair, cut a reasonable deal with your spouse in mediation, and pocket both attorneys* fees.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.