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  5. How should I conduct myself during the mediation?
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How should I conduct myself during the mediation?

The most important way that you should conduct yourself during a mediation to listen. You should listen to what the mediator says, what the lawyers say, and what your spouse says. Try to be creative and imaginative in thinking for solutions based upon the issues as your spouse identifies them. Do not be positional. Instead, be prepared to make reasonable concessions and make them early in the day. This will help you be more likely to reach a final settlement.


Do not mediate in bad faith. That is, if you do not intend to settle out of court, you should not enter the mediation process. To do so, simply escalates costs for everyone and it is not in anyone’s best interests or the best interest of the children.