Most judges in Kansas require litigants to participate in some sort of Alternate Dispute Resolution (ADR) before they can go to trial on a civil matter. I'm mostly experienced with mediation and settlement conferences in family law cases. What do you need to do to make sure you are prepared to go to mediation/ADR? First of all, a mediator isn't a judge, but they need to know how strong your case is to encourage a settlement. You need as much documentation of your positions in the case as you can get. I recommend the following steps before going to mediation:
1. Do you and your attorney have everything you need to convince a mediator or judge of the validity of your position? What documents, such as bank statements, wage information, tax returns, business records, medical expenses and the like to you need to give to your attorney?
2. What do you need for the other party to your case to produce. You can file a "Request for Production of Documents" to get documentation from the other side of facts that might help you. Would bank records show relevant information? For example, on several occasions I have been able to prove that people have drinking problems by ordering them to give me copies of checking account records. The records showed numerous charges at liquor stores and bars. Think about what information the other side has that would be beneficial to your side and have your attorney request it.
3. Go over your financial information one more time with your attorney. Find out if your income is the same as it was when you filled out the financial statement for court. Your attorney may need to modify the financial statement (Domestic Relations Affidavit) or your child support worksheet prior to going to mediation.
4. What about children's information? Do your children see a counselor? If so, order copies of the counselor's records. Sometimes counselors have dealt with both parents and are willing to write letters that explain what might be best for a child as far as custody. School records can help in many occasions since they show how well your children do at school, and they also show tardies and missed days of school. If your child has an IEP, make sure you have a copy of it to show the person helping you try to get your case settled.
5. Social Media: If you are in a custody dispute, look carefully at the other party's Facebook page and similar social media. With alarming frequency, people print inflammatory statements about the other party in their case, and sometimes they show pictures of poor behavior. Any attorney you talk to can tell you stories of winning and losing cases because their client posted a nasty statement about the other side or they posted pictures of them drinking, partying, etc. If you haven't already done it, go over the other side's social media and take screen shots of the pages your attorney might be able to use.
6. You and your attorney should prepare a settlement letter to the mediator. This should state your position on all issues that are not settled in your case. Make sure you proof read the letter before it's sent to the mediator.
7. If you have a Guardian Ad Litem, it might be a good idea to have the GAL update their report if it has been more than a month or two since it was prepared.
Hopefully this helps you get ready for mediation. Remember, if you can get settled at the mediation phase you will save a lot of money over going to trial.
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