Mediation can help keep a family unit from further deterioration. It can also save thousands of dollars in legal fees. Obstacles to mediation include a lack of preparation by one or both sides; unrealistic expectations; and lack of commitment by a party; inability to make a decision; positional bargaining; and a mentally ill participant. It is very important to have all your records and information at hand so intelligent decisions can be made. Figuring out your own personal goals is also crucial. It is difficult coming to an agreement when the clients’ expectations are out of proportion. It’s important to remember that there are costs to not settling. Both parties need to compromise long enough to settle. Both also need to take the process seriously.
Approaching the situation as if it is a business deal allows for a quicker decision-making process. Not every decision will be a joyful one for each participant. It is necessary for each party to determine a middle ground for a target. Some people want a percentage of the property, regardless of what their needs are. For example, many husbands will insist on a 50-50 split and some wives will choose a starting point of 65% or 70% of the assets. It is ideal for the parties to negotiate so the results are beneficial to both. In regards to a mentally ill client, the person may need medications and extra support so the settlement can be reached.