The mediation process works best when the parties in dispute are willing to participate in meaningful discussions with a genuine intent to resolve the dispute. Here are a few tips to keep in mind for your next mediation.
1. Be prepared with documents and authority
In order to assert your position at mediation your Mediation Brief should clearly set out the issues in dispute, the pertinent facts of the case, along with any key evidentiary documents or expert opinions. Without supporting documents or evidence, issues can be difficult to resolve, leaving the parties frustrated at the mediation. In addition to exchanging documents, it is essential that the person at the mediation has full authority to make a binding decision. Being prepared and having the proper authority to settle leads to efficient time spent at a mediation and less frustration for all parties.
2. Respect the process and each other
Maintaining respect is crucial for a healthy atmosphere within the mediation process. Getting results, including compromises, within any negotiated dealings is unlikely when anyone feels insulted or disrespected. As mediators we ensure that each person feels they are being heard and respected and guide the mediation to ensure the parties have the time and space they need to maintain proper grounding throughout the process. Often parties get frustrated as the mediation drags on or feels like it’s taking too long. However, the passage of time and process matters and actually assists in reaching a resolution.
3. Focus on solutions to resolve and reach a deal
Settlement is possible when the parties appreciate that a resolution is better than a continuation of the dispute. As mediators we work towards a deal that satisfies all the parties involved. However, all parties must genuinely focus on achieving a resolution to the dispute. Without good faith and focus the mediation process will end without a resolution.
We hope these tips are beneficial reminders to you and look forward to assisting you with your next mediation.