How to Successfully Mediate Temporary Orders in a Divorce Case

One of the most important phases of a divorce case is the temporary orders stage. In some jurisdictions the parties agree to and attend mediation to attempt to reach an agreement on the temporary orders. In other jurisdictions (such as many of the courts in which I practice) attending mediation is mandatory prior to a temporary orders hearing. Below are what I believe are the keys to successfully mediating temporary orders. Prepare for Mediation as Extensively as You Would for a Hearing Lawyers will often under-prepare for mediation, especially one solely for temporary orders. I’m not sure why this is, possibly because the environment is a relatively relaxed one as compared to a courtroom. Nonetheless, the temporary orders set the tone for the litigation going forward. Whatever is agreed to will likely be very difficult to undo later. For example, if the husband ultimately wishes to obtain primary custody of the children in the final order, it is probably a significant…

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