Mediation can be explained as a method of non-binding dispute resolution involving a neutral third party who tries to assist the disputing parties to reach a mutually agreeable solution. The whole process of mediation is not about deciding who is right or wrong but to assist parties to find a practical solution that is acceptable to all parties, taking into account their concerns and goals.
For purposes of mediation, your lawyer should identify the outstanding issues with you. This would include:
- Custody, care and control;
- Financial support for the wife and/or children;
- Division of matrimonial assets.
In order to prepare for mediation, your lawyer should meet with you to discuss the above issues and to advise on what documents need to be collated.
On the issue of custody, care and control, your lawyer should explain to you the concept of “custody”, “care and control” and “access”. You should always focus on the welfare of the children, instead of what you want as parents. You should also emphasize on the best interest of the children, taking into account the needs of the children, the ability of each parent to care for the children and to have a practical approach towards the children’s future care arrangements.
On the issue of maintenance, your lawyer should attend the mediation session prepared with particulars concerning your occupation and income. Documents pertaining to your occupation and income should also be readily available. You should also prepare a list of monthly expenses for yourself, the household and the children. Your lawyer shall peruse the information provided and advise you on the expected financial obligation in accordance with the provisions of law.
On the issue of division of matrimonial assets, your lawyer should advise you on the expected share of their assets in accordance with the provisions of law. In order to manage your expectations on the range of awards permissible by law, your lawyer should also advise on your financial and non-financial contributions that you have made during the course of the marriage. You should also prepare a list of assets and the estimated valuation for such assets. When preparing such list, do be mindful that you are obliged to make full and frank disclosure of all assets. In its absence, the court is entitled to draw inferences adverse against you and order a higher proportion of the known assets to be distributed to your spouse.
Keen to discuss more? Call the Family Lawyers at PKWA Law at 6854 5336 or 6397 6100 for a free 1st consultation.