Mediation is a current name for the structuring of negation between parties in an attempt to resolve a dispute. It involves retaining a mediator(s) or neutral to conduct the mediation, usually selected by the parties for his/her negotiation skills or industry knowledge. The goal is to resolve the dispute to the parties’ mutual satisfaction. It generally allows the parties to not only air their concerns but to apply more creative methods of resolution than afforded by a trial. As with war, preparation is the key.
In order to have a successful mediation one should:
1. Identify the key issues and reason for the dispute in advance.
2. Identify the key individuals involved in and needed to resolve the dispute.
3. Be prepared with documents, statements and other persuasive materials.
4. Conduct a pre mediation meeting with the mediator and parties.
5. All parties to identify the issues to be mediated.
6. Be intellectually honest with and listen to the mediator.
7. Provide the mediator with questions to pose and issues to present to the other side ..
8. Allow the clients and mediator to talk at the mediation.
9. Be sure your client and other participants understand the key issues and the roles they should play, and are available and prepared for the mediation.
10. Conduct the mediation at the proper time, time of day, and in appropriate hours or time spans so as to not lose momentum or tire the participants.
11. Document any agreements reached before recessing or concluding.
12. Ensure the participants have the authority to reach an agreement.
13. If a total resolution cannot be reached, use the mediation to resolve what aspects you can and narrow the issues that will have to be resolved by trial or some other way.
14. Use the momentum of the mediation session to work toward resolving open issues.
The lawyers at Brooks, Tarulis & Tibble, LLC have substantial experience in counseling and representing clients in mediations, negotiations, and other dispute resolution procedures to resolve claims before the costs, risks and delay of trial. If we can assist you in this regard, please contact us.
