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.
The purpose of mediation is to reach a voluntary agreement with the other parties. It is not something imposed upon the parties by the mediator. It’s your choice to decide to reach a voluntary agreement rather than to continue to fight.
Can you work towards a voluntary agreement if it would satisfy your interests and the interests of the other parties?
You will need to discuss this issue with your attorney and the mediator. If you are not willing to cooperate with the other parties to find a voluntary solution to the problem, then your attorney and the mediator need to decide if a mediation session at this time is appropriate. It would not benefit you, if you were not willing to arrive at a solution the dispute.
As the mediator, I would want to discuss with you and your attorney what the impediments to reaching a solution to the problem. Once these impediments are identified, we can develop potential solutions.
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.
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