Discuss with your client whether there is a history of bad faith, such as concealing important information, or failing to follow through on specific agreements. Inherent in the mediation process is the defining of issues and the determination of what information needs to be exchanged. In cases where a history of bad faith exists, some preliminary formal discovery may be appropriate. Increasingly we live in a world of multiple dispute resolution options. To keep up with this changing world, family lawyers need to see themselves not as gate-keepers of the justice system, but as air traffic controllers, directing clients to the appropriate dispute resolution process.
Collaborative mediation is an option that many family law attorneys have under-utilized.
There are several reasons for this. Family law attorneys may perceive collaborative mediation as new, unfamiliar territory where they have little control over the outcome. There may also be the perception that the attorneys have significantly less to do if their clients are working with collaborative mediation. These perceptions are not really accurate. If collaborative mediation is properly conducted, attorneys play several crucial roles in the process.