First Things First sits in the strange space between technique and judgment. A junior attorney with good technique and no judgment will miss it; a senior attorney with great judgment and rusty technique will get half of it right. The best practitioners keep both sharp.
Intended for mediators comparing their current approach to First Things First with what experienced practitioners in the area actually do.
The mediator handling First Things First-heavy matters needs to know when to pause negotiations and recommend specialist consultation. Some First Things First questions exceed what can be productively negotiated without independent expert input; mediators who push past those limits produce agreements that don’t hold up under later scrutiny.
Starting the work
The intake conversation for First Things First matters does most of the work of the engagement. Practitioners who run a structured intake — covering the client’s objectives, the timeline they’re working with, the co-professionals on the case, the data and documents needed, and the form the deliverable will take — produce engagement letters that hold their shape through the matter. Practitioners who run an unstructured intake produce engagement letters that get rewritten or absorb scope creep silently.
Document the intake. Either contemporaneous notes you keep in the file or a follow-up summary email to the client. First Things First engagements involve enough small decisions across long timelines that working from memory six months in produces errors.
The substantive work
Communication discipline during the middle phase prevents most of the problems that show up at the deliverable. Practitioners who send the client weekly or biweekly written updates — even short ones — maintain trust and surface issues early. Practitioners who go silent during the analytical work leave the client to imagine what might be happening, which is rarely productive.
The middle phase of a First Things First engagement is mostly about data gathering, analysis, and coordination. The data gathering involves requesting documents from the client and (often) from third parties through subpoenas or formal requests. The analysis involves working through what the documents reveal. The coordination involves keeping the attorney and other co-professionals informed.
What gets produced
The deliverable for a First Things First engagement is the work product everyone will reference for years afterward. It needs to be defensible (your analysis can withstand scrutiny), readable (the client and any non-specialist can understand it), and complete (it addresses what the engagement was scoped to address). The deliverable usually takes 20-40% of the engagement hours; underestimating this consistently produces matters that run over time. For deeper reference, see ABA Family Law Section resources.
Walk the client through the deliverable before they take it to the attorney or court. The presentation matters; the same report explained well lands differently than the same report dropped over email without context. The walk-through is also where the client’s last questions surface; addressing them in real time prevents follow-up cycles weeks later.
Common variations across matters
First Things First engagements vary along a few predictable dimensions: client sophistication (institutional client vs. unsophisticated individual), case complexity (single straightforward question vs. multiple intertwined issues), opposing-side cooperation (cooperative vs. adversarial), and timeline pressure (negotiated timeline vs. court-imposed deadlines). Each dimension affects how the standard engagement pattern needs to adjust.
Matters with unsophisticated clients require more explanation, slower pacing, and more deliverable walk-through time than matters with sophisticated clients. Practitioners who run the same engagement structure regardless of client sophistication produce uneven outcomes; calibrating to the client is part of professional judgment.
The honest summary of First Things First for mediators: it rewards depth, it punishes shortcuts, and it compounds across years for practitioners willing to invest in the long arc.
How VennBoard fits in
VennBoard helps mediators build the operational backbone First Things First engagements require — engagement letters that handle the scoping conversation in writing, case files that stay organized across long matters, communication tools that keep the broader case team coordinated, and the infrastructure that lets the practitioner focus on the analytical work rather than the administrative drag.
Learn more about how VennBoard fits into a mediator practice focused on First Things First at VennBoard.com.