In a prior blog, I wrote about the Ins and Outs of MediationSince the baseball season just started, I want to talk about how to plan for your family law mediation or family law settlement conference using baseball as the guide in the plan. In the movie, Field of Dreams, Annie (Ray’s wife) asks Ray, “What’s it got to do with baseball?” I believe that by using baseball in planning your mediation you can develop a clear path in your specific case. For me, there are three areas to help you plan, (1) the home run, (2) the strikeout, and (3) the double.
The Home Run
A home run is defined as a hit in baseball that enables the batter to make a complete circuit of the bases and score a run. This is the best outcome when a batter gets up to bat. I tell my clients to think about what their home run outcome would be at mediation or the settlement conference. The home run would be their best outcome or my clients getting everything they want. Now, this gives my clients an opportunity to clearly know their goals and what they are aiming for.
A strikeout occurs when a batter accumulates three strikes during a time at bat. It usually means the batter is out. This is the worst outcome when a batter gets up to bat. The batter did not get a hit. I tell my clients to think about what their strikeout outcome would be at mediation or the settlement conference. The strikeout would be their worst-case scenario. With the strikeout, the opposing side gets what they want and my clients do not. By examining the strikeouts in their case, my clients can understand what the opposing side wants and what the weaknesses in their specific cases are.
A double happens when a batter strikes or hits the pitched ball and safely reaches second base without being called out by the umpire. A double is the middle of the bases in baseball. By thinking about the double, my clients start thinking about the areas of movement or negotiation needed in their mediation or settlement conference. In my opinion, the double or the middle is the key to the control that the parties have in mediation or settlement conference. Parties to a case can determine how much they want to move from the home run or strikeout to the double to try to settle their case.
Before walking into your family law mediation or family law settlement conference, think about what your home run outcome, strikeout, and double will be as your plan and prepare for your case. By understanding these areas, you will walk into your mediation or settlement conference prepared for any and all situations that arise.
If you have questions about your family law mediation or settlement conference, please contact Springs Law Group for a free consultation where we can help you prepare for your game day.
Christopher Nicolaysen is a Family law Attorney who practices in Colorado Springs, CO. He graduated from Denver Sturm College of Law, and has been practicing law for several years now. Christopher Nicolaysen is passionate about helping you solve your family matters. Learn more about his experience here.