Categories
Preliminary Tasks for a Mediation

Task #3: Visualize the future beyond the dispute.

Task #3: 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 to discuss with their council and the mediator before the mediation.

These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

Task #3:  Where do you want to be in five years after this mediation? 

Develop a basic description or visualize what life and/or business would be like in five to ten years?  What does life and/or business look like after the resolution of this dispute?  How will you spend your time, money and talent?

The purpose of this exercise is to get you to think what life might be like after the resolution of this dispute.  Right now you are in the middle of the dispute and its immediate aftermath.  You have spent time – a lot of time, money and energy on various aspects of the dispute.   If it is a commercial dispute, you will have gone through the disruption of preparing and doing the discovery process.  If it is personal injury, you will have endured lost work while being deposed in depositions.  You have spent considerable time wondering if you will win in court.  Have you spent time thinking about life after the dispute is resolved.  What does that look like?

Discuss this with your attorney and confidentially with your mediator.

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Categories
Preliminary Tasks for a Mediation

Task #2: What do they want out of the mediation?

Task #2: 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 complete and to discuss with their council and the mediator before the mediation.

These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

Task #2:  What do they want?

You know that you have interests that need to be satisfied when you attend the mediation, the other side also has interests.  What are those interests?

They have communicated their interests to you through a variety of means.  What do you think those interests are?  They can be money, time, minimize their risks, fairness, maintain a working relationship, etc.  List and rank them.

It is important to realize that your legal opponents do want something out of the dispute and that they are willing to spend time, money and legal talent in order to get it.   This does not mean that they will succeed.  It just means that there are things you can use as bargaining chips.

It is entirely possible that you might have some of the same interests.  This is also an opportunity to create a solution outside of the box.  Realizing this possibility will help reach a settlement easier at least on certain issues.

Review the list you have created with your attorney and be prepared to discuss it in confidence with your mediator.

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Categories
Preliminary Tasks for a Mediation

Task #1: What do you want out of the mediation?

Task #1: What do you 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 complete and to discuss with their council and the mediator before the mediation.

These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

Task #1:  What are your basic interests as you approach the resolution of this dispute?  List them in rank order.  Examples to consider are money, revenge, fairness, maintaining a working relationship, security.

To expand one example even further: it is important to come to grips with what your future relationship with the other party will be.   It makes a tremendous difference in the solution if you see yourself having to socialize or to do business with the other party in the future.  Naturally, if it is a personal injury case such as an auto accident, there was little to no prior relationship and probably not much need for a future relationship.  But even then, you might want to leave open the possibility of a relationship.  It might be a slip and fall in front of a business that you have patronized and would like to continue doing business in the future despite of the slip and fall.

The purpose of this exercise is to fully understand what you as a mediation participant really wants at the onset of the mediation.  Often by the time you arrive at this point in the process, it has been forgotten.  Review the list with your attorney and with the mediator.

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.