Mediation is a form of alternative dispute resolution. It can be described on a basic level as “assisted negotiations outside of court”. We are passionate about mediation at Gunstons. We believe that meditation can provide for effective solutions to disputes. If you ever have to engage in the mediation process, you will no doubt desire a satisfactory outcome. Here are four top tips that can contribute to a successful mediation process.
Be prepared before mediation
Just like in litigation, preparation is critical. Preparation includes a full appreciation of the facts of the dispute. But it also includes gaining a good understanding of the legal principles that apply to these facts. This will allow you to negotiate from a position of strength. In mediation you need to impress the other side, not just the mediator. An appreciation of every aspect and angle of the dispute allows you to have as much as you can to persuade the other side.
Listen during mediation
Be sure to listen carefully to the other side. Focus on the problem at hand, not the person(s) who are on the other side. Listening allows you to appreciate and evaluate the other side’s argument. It allows you to find the points of common ground and also the points you disagree upon. If you can do this, you get one step closer to finding a creative solution that can even be a win-win solution.
Think outside the box
Be imaginative in determining outcomes to the dispute. The solutions available in mediation proceedings are richer and more varied compared to what you can get in a court process. Outcomes can be flexible and creative. It can even be possible to arrive at a resolution that is optimised for both parties in some instances. A creative outcome that serves both parties can even preserve the relationship between the disputing parties.
This isn’t litigation
You are not litigating, so don’t treat this like a court case. Adversarial tactics may be offensive to the other party. They are probably not necessary or in your interests. Remember, ultimately you and your opposition are working together to come up with an agreed upon solution. Use tactics that work towards arriving at that agreed upon solution.
We are passionate about mediation at Gunstons, so if you need any assistance regarding mediation, please do not hesitate to contact us.