When you agree to take an issue to mediation, the aim is to emerge with a solution that both parties are happy with. It can work for many different kinds of disputes and save the stress, ill-feelings, time and costs of litigation. You and the other party will attend the session with your attorneys. An experienced mediator will manage the session and aim to steer you both toward an agreeable compromise.
As with any meeting, the better prepared you are, the more likely it will be a success. Here are some things to consider to get you ready for your mediation:
- Do the math: Entering a meeting armed with facts and figures is vital. If you fail to prepare and pluck figures from thin air, expect the other party to shoot them down. Knowing the numbers gives you a solid base to negotiate from.
- Understand the law: This is why you have an attorney to help. They can help you understand what the law would say about your situation and what boundaries a court would work within. Knowing this gives you a better idea of what you can reasonably expect to achieve. You could always turn to litigation as a last resort if the other party fails to meet your needs.
- Bring the right attitude: Perhaps there has been some ill will in your dealings with the other party. If so, you need to put that behind you; otherwise, you are unlikely to reach an agreement. Both parties must enter looking to get a deal and willing to cede ground to do so.
More and more cases of all kinds are being solved by mediation as people realize the considerable benefits over litigation.