When Clients Derail Mediation – From Positions to Progress

How better client preparation and lawyer-mediator collaboration assists in delivering durable outcomes

Family law mediations rarely fail because the legal position is weak; they derail because clients arrive emotionally unprepared, highly positional, or unsure how to participate constructively. When this happens, even a well‑run mediation can become frustrating, costly and unproductive.

This practical session explores how family lawyers can recognise and manage the client‑side dynamics that stall progress, without stepping into a counselling role.

Jacky will draw on her experience as an FDRP mediator to show how to shift clients from rigid positions to forward‑focused negotiation and improve how they communicate in mediation to engage them more productively with the process.

The session will use real-world examples to show how to:

• Help clients shift from “position” to “purpose”
• Ensure client’s emotional readiness
• Prepare clients for the room (or screen)
• Assist clients with reality testing without crushing hope

Participants will leave with realistic, lawyer‑appropriate tools that support better outcomes, more durable parenting and property agreements, and a smoother mediation experience for everyone involved.

Learning Outcomes:

By the end of this session, participants will be able to:

• Explain the family law mediation process to clients in clear, realistic and outcome‑focused terms that set appropriate expectations.
• Identify when a client is “mediation‑ready” and what additional emotional or practical preparation is required before proceeding.
• Use simple strategies to prepare clients emotionally and practically for mediation, including managing common thinking traps and positional demands.
• Reduce the risk of impasse caused by client behaviour, expectations or communication, by applying targeted pre‑mediation and in‑session interventions.
• Collaborate more effectively with mediators (including FDRPs) to manage conflict dynamics and support durable, child‑focused and financially workable agreements.

Suited to:

Family lawyers in any size firm

This On Demand recording Includes: 

• Recording of the Live Webinar, which can be viewed multiple times, for as long as required 
• Presenters contact details for follow up questions 
• CPD Quiz
• CPD Certificate 
• CPD Report – Logged automatically 
• PowerPoint Presentation
• Verbatim Transcript, with Searchability
• Supporting Documentation