The published guidance on Three Must-Dos runs from too-general marketing summaries to too-specific technical papers, with very little in between. This piece aims for the middle: enough specificity to be useful, enough breadth to be applicable.
For mediators who have decided they want to do more of this work and are looking for an honest map of the territory rather than a marketing piece.
The mediator handling Three Must-Dos-heavy matters needs to know when to pause negotiations and recommend specialist consultation. Some Three Must-Dos 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.
The factors that drive decisions
Three Must-Dos decisions in family-law-adjacent matters depend on a recognizable set of factors. Identifying them early — at intake — produces engagements that proceed efficiently. Missing them produces matters that meander and require rework. The questions that matter most are usually: what is the client’s underlying objective, what factual situation are we working from, what legal framework applies, what are the alternative paths to the objective, and what does each path cost?
A reliable decision framework for Three Must-Dos matters starts with separating the technical questions from the strategic questions. Technical questions (what does the law say, what does the math produce, what does the document indicate) can be answered relatively objectively. Strategic questions (what should the client do given the technical answers, what trade-offs make sense, what risks are acceptable) require professional judgment integrated with the client’s values.
Connecting the data to the decision
The analytical step that most practitioners shortchange is the sensitivity test. What happens to the conclusion if a key assumption changes? If the discount rate is 5% rather than 4%? If the time horizon is 15 years rather than 20? If the asset’s growth rate is half what we assumed? Practitioners who test these variations produce recommendations that hold up under scrutiny. For deeper reference, see ABA Model Standards of Conduct for Mediators.
Working through the analysis benefits from explicit documentation. A spreadsheet that shows the inputs, the calculations, and the conclusions. A memo that walks through the legal framework. A decision tree that maps the options. Practitioners who write down their analysis produce work product they can defend later; those who keep the analysis only in their head produce conclusions that can’t be audited.
When to bring in other professionals
Specific scenarios where additional input is warranted: when the matter involves a non-standard asset class, when the legal framework is genuinely contested or shifting, when the client’s situation has psychological or behavioral dimensions affecting decisions, or when the financial stakes are high relative to the client’s overall picture. In each case, the cost of bringing in a colleague is small compared to the risk of producing work that misses important considerations.
Practitioners who maintain a working network of colleagues across adjacent disciplines have the option to consult quickly when matters touch their boundaries. Practitioners who work in isolation either accept the risk of incomplete analysis or refuse engagements they could have handled with a 30-minute conversation with a peer.
What to write down and why
Practical documentation discipline: every significant analytical choice should appear in writing with a brief explanation of why. Why did we use a 4% discount rate rather than 6%? Why did we structure as alimony rather than property transfer? Why did we recommend mediation rather than direct negotiation? These reasoning notes don’t have to be lengthy; they have to be present.
Documentation of the reasoning behind Three Must-Dos recommendations matters for three reasons. First, the client may not remember the conversation the same way you do six months later. Second, opposing counsel may challenge the recommendation in deposition or hearing. Third, your own future self handling a similar matter benefits from the prior reasoning if it’s accessible.
None of this is shortcut work. The practitioners who own Three Must-Dos in their markets earned their position the slow way — consistent attendance at the same conferences, careful case work compounding over years, relationships built deliberately.
How VennBoard fits in
VennBoard supports the kind of case-management discipline Three Must-Dos engagements benefit from: organized case files, integrated communication with co-professionals, deliverable versioning, and the kind of operational consistency that makes the difference between burning out at twenty matters and running a sustainable practice at fifty.
If you’re a mediator building a focus on Three Must-Dos and looking for the operational backbone, visit VennBoard.com to see how it fits into your practice.