Tips to a Successful Mediation

Judge james moody

The United States is a very litigious society. Every year 15 million civil lawsuits are filed. While we sue each other a lot, not many of these civil cases make it to a courtroom. One option people often choose is to head to standard mediation services to resolve almost any kind of case.There is bankruptcy mediation but it also works for cases that range from employment discrimination to product liability.

The key to a successful experience with standard mediation services is to develop a good and solid strategy. Just as you would never go into the courtroom without working out a thorough strategy, the same is true with the mediation process. Some people do not think the same amount of preparation work is needed and they just show up but nothing could be farther from the truth. This process requires the same amount of work before the mediation begins as would go into a trial.

  • Be prepared. This is such an important point that it is worth repeating. It is incredibly important that you do all the preparation work before you begin your mediation. And again, the same amount of preparation work that you would expect to need to do before a trial should be done before a mediation begins. You are going to have to bring every bit of information and all the relevant documents to be able to be persuasive to the other side in your dispute. Of course, the better your command of the law and the facts, the better your chances of success will be. Going to standard mediation services being as prepared as possible will also add to your confidence level. That helps put you in the best position to have success.
  • Bring your best patience skills and your stamina. While the mediation process will bring about results much more quickly than when you go to the courtroom, it is not going to be completed in five minutes or even one session. The sessions with the standard mediation services involve multiple sessions that will absolutely go on for many, many long hours. There may also be long phone calls to follow up on things that were discussed in the face to face sessions. There will be times when you want to just give up on the process. That is a mistake. This process is not at all a sprint, it is a marathon. Prepare for that and you will do better.
  • Be honest and forthright. The only way the mediation process can really succeed is if both sides are open and honest with each other. If one side holds information back or tells outright lies, all goodwill and trust will be lost and the process will descend into acrimony and distrust and no progress will be able to be made. This would be an unfortunate conclusion of any mediation process. Even if you are able to move forward after such a thing happens, if you withhold information, the other side will assume there is some deficiency in your case and they will have much less motivation to compromise and give on any of the issues pertaining to your dispute.
  • Be open to compromise. The most important quality that you can have and cultivate before you head to the standard mediation services is the ability to compromise. This is such an important attribute to have that if you and your lawyer are not yet ready to compromise, you should not even consider going into the mediation process. There is absolutely no way a mediation can be successful if one party is not willing to make any compromises. If you just think you can go in and get everything you want, you will fail and everyone’s time will have been wasted.

The mediation process may be challenging. It requires the same amount of work be done before the process begins as would be done if you were making preparations to go into the courtroom. Then, when you head into the mediation itself, you are looking at many sessions that will be long and arduous. Despite all of that, you will arrive at a resolution far quicker this way than if you went to trial. If this is all possible, you should go this route.

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Sarah Todd

Sarah Todd

Sarah Todd, an investment banker, is a reporter and researcher for one of London’s leading media outlets. Formerly a trader and market maker at FTSE, she turned to media during the global recession. This website features some of her best and favourite articles, from all parts of the business world. Please let her guide you and your enterprise along the path to prosperity.