Mediation is often referred to as “facilitated negotiation” or a form of voluntary dispute or conflict resolution. Using these terms to describe mediation automatically brings to mind scenarios where couples are fighting over a problem or situation that has already happened. But what if we turned that process around and reversed it?
Now imagine if you try to plan for potential issues before they happen, when people are excited and in a good mood, have a positive state of mind and not stressed with the burden of a “problem” to solve. The conversation is much more likely to be productive and open to anticipating future problems and creating a plan for solving them.
I am talking about using mediation as a planning tool for things like prenups, family estate or elder planning, business succession, etc.; issues where the nature of the topic is one of planning for the future BUT the typical execution of the planning process is usually with two or more people starting on opposite sides of the table, instead of on the same side.
*Julie is an Associate at Skylark Law & Mediation, PC and runs her own practice, Think Pink Law. Julie's practice includes family law & divorce representation, firearms licensing & NFA trusts, estate planning & probate, and adoptions.