At what point will you know that the potential agreement is better than going to court?

At what point will you know that the potential agreement is better than going to court? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are… Continue reading At what point will you know that the potential agreement is better than going to court?

How will you know you have developed an agreement at the end of the mediation?

How will you know you have developed an agreement at the end of the mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a… Continue reading How will you know you have developed an agreement at the end of the mediation?

Do you agree on anything?

Do you agree on anything? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and to… Continue reading Do you agree on anything?

What do you truly disagree upon with your mediation opponents?

What do you truly disagree upon with your mediation opponents? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant… Continue reading What do you truly disagree upon with your mediation opponents?

Do you really want to settle this dispute through mediation?

The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and to discuss with their council and… Continue reading Do you really want to settle this dispute through mediation?

How are you going to deal with them after the dispute?

How are you going to deal with them after the dispute? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each… Continue reading How are you going to deal with them after the dispute?

Visualize the future beyond the dispute.

Visualize the future beyond the dispute. The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and… Continue reading Visualize the future beyond the dispute.

What do they want out of the mediation?

What do they want out of the mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to… Continue reading What do they want out of the mediation?

What is the Comprehensive Mediation Agreement?

In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the mediation including the mediator’s fees and will… Continue reading What is the Comprehensive Mediation Agreement?

Persuade by orchestrating apologies

How to persuade others by orchestrating apologies? How to you persuade others by orchestrating apologies? Persuasion is the process of changing minds. Persuasion is an everyday part of human discourse. It is used by salesmen, parents, teachers, and many others – basically all of us. Persuasion in mediation is a two-way street. Long before you… Continue reading Persuade by orchestrating apologies