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.
What do you and the other parties agree upon?
These can be significant or minor issues in the dispute. Anything will do. The purpose is to build a voluntary resolution to the dispute.
Can you agree that there is a dispute? If you can’t agree to that there is a dispute, then what will we have to do to have a successful mediation?
Other more obvious agreements might be: Is there a written contract? Is this the contract? Does each party have enough information to evaluate the case? Can you agree on dates, times, people involved significantly in the dispute?.
Be prepared to not only share your results with you attorney but with the mediator as well. Because of your efforts now, at the mediation you will be able to cut though to a voluntary agreement almost effortlessly.
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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