Cases that can (and should) settle early are cases where there is a degree of trust between the parties.  The financial estate is defined and its apportionment is a matter of give and take.  Both parties are willing to put aside their parenting differences and put the focus on the kids. 

Other cases are not so simple, and no matter who the mediator, they will not settle in an early mediation.  These are cases involving custody of small children between unmarried couples who really do not know each other well, or married couples with significant trust issues. Cases involving complicated financial issues such as property valuations and long term support issues are also unlikely to settle in an early mediation as discovery and a valuation of the marital estate must first be completed.

In such cases, a temporary hearing may result in an Interim Order that reveals the strengths and weaknesses of each party's case. By the time discovery has been completed and a guardian has done an initial investigation, many litigants will be brought down to reality. Litigants soon realize that every point they make results in a counterpoint by the other party. No one is getting any leverage and negotiations appear stalled.

This is the time when a good mediator can help:  All values have been reasonably well established, a Guardian has looked into the matter and has some thoughts, and the parties are getting a bit worn out by the litigation process.  A mediator now should have sufficient facts and willing parties with which to craft a resolution.

Will it be a Win-Win solution? Maybe, but often times both parties feel they gave up too much or didn't get enough! However, the litigation will be over and the litigants will be grateful for our help if we do it well!

Guy Vitetta, Charleston