The starting point for all discussions about working with unrepresented parties in family law is that they are the most vulnerable people in the system. One’s reasons for not having counsel do not matter; unrepresented parties are extremely vulnerable.5 The form and extent of identifying, assessing and managing such vulnerabilities will vary depending on whether the person doing the screening is the neutral or the advocate, and the following five factors:
1-What is your role—advocate, neutral, mediator-arbitrator, parenting coordinator?
2-Is one party represented or are both?
3-Where are the parties on the “separation continuum”?
4-Is the negotiation taking place in the context of a court case?
5-What negotiation process is being considered?
The pre-negotiation preparation required of neutrals and advocates can be divided into two categories: procedural work and substantive work.
Procedural work refers to the assessment of the needs of each party so that the best process is chosen, and is designed in the optimal way for settlement purposes. The substantive work involves a comprehensive assessment of the strengths and weaknesses of each party’s case, including the law, and the degree to which the parties have realistically assessed risk. This work takes place throughout the negotiation, but most importantly before it begins.
