How To Prepare For A Mediation: Tips, Tricks, And More
It’s important to be prepared especially when it comes to mediations. You may be confused as to what it entails, what happens during the process, and many other queries. Today, we’re going to help answer a few frequently asked questions you may have about how it all works.
In the next few sections, we’re going to be taking a look at the benefits, offering you a few tips, and much more. By doing so, we hopefully will help you find a quick and easy solution to your dispute.
Mediator Does Not Favour One Party Over The Other
The mediator needs to remain completely neutral to both sides. But part of their role is to be the devil’s advocate as a way to determine the strengths and the weaknesses of either party. That’s why it’s incredibly important to know what they are before they start their attack. A good lawyer would prepare you to know how to interact with the mediator both with the other party at present and alone. Mediators will always speak on the line of defence and question your claims as a way to determine how solid your case is.
Listen To Your Opposing Counsel
Listening is much more important than talking, especially when it comes to mediation. You should hear what the other party is arguing to help develop your case. Your lawyer should fill you in on what your opposing counsel’s tactics and work style is like to make sure you know what to expect.
In this case, you must listen out and hear what the opposing council is discussing during the opening statement. As a result, listening may help reframe your argument and perspective, it might bring back memories of the case to help your case, and refresh what evidence is made available currently to the other party.
Mediation Is A Long Winding Process
Those who have never been to a mediation before should take note that the whole meeting may last the whole day. Therefore, your lawyer must warn you as to the length of the whole process and that depending on your situation it can cause some distress for you. With a mediator and opposing counsel putting you on the defence, this can take a toll on you. That’s why it’s essential to make sure they are prepared and know what to expect before this creates further issues.
Also, you will be asked to still be present (not in the room) when the mediator is discussing with the opposing counsel. During this time, it can feel draining so it might be best to bring a book to read or a laptop to help decrease the wait time.
Mediators Don’t Have The Final Say
Mediators are not judges and therefore, do not have control over what the final outcome is. It is the role of the mediator to facilitate the discussion between both parties to help them find an agreed conclusion. That way, it is not important to impress the mediator but to focus on getting the other party to hear your side and have some common ground. This will ensure that both sides get an equal and fair end result, without a judge making all the decisions.
Perfect Time For A Settlement
As mediation typically encourages all parties to be in attendance, this is great to do a settlement. During this time, you can finally resolve your dispute settling any conflicts you may have. While mediation can feel like a long-winded process, your lawyer needs to tell you not to give up. If new facts come up, having the time to settle can allow both parties to use this discovery to therefore come up with a resolution by a later appointment. This can provide you with a good final outcome.
It is pivotal to be prepared before your first mediation. That way, you can prevent long-winded meetings, miscommunication, and a poor end result. If you would like us to help you with your mediation, feel free to get in touch with our team to get started.