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.
How will you help get things back on task if that happens? Things happen in mediation. Sometimes it is the realization that the person that caused the dispute is sitting across the table from you. You have just been confronted with the fact that you still have to deal with them whether now or in court. You need to develop a game plan for getting back on task and settling the dispute. It might be a private caucus or just a break. It might be a continuance of the mediation itself to another day. Communicating your needs to the mediator will help get things back on task and help settle the dispute.
Will you risk your future financial interests to avoid uncomfortable discussions now? This is the question you must keep in mind. Mediation can be quite uncomfortable. Mediation is conflict at its best. But settlements do happen and are worth the discomfort.
Will you accept a satisfactory offer to settle, even if you are very resentful about how you’ve been treated? At some point you must make the decision that you want to settle the dispute and move on to better days. It is important to make this decision before you come to the mediation. If you do not want to settle, and want to continue expending the emotional energy, not counting the expense of litigation, then mediation will not be effective.
About 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.