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 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.
- How will you know when you have arrived at a voluntary agreement that satisfies your interests?
- What objective criteria will you use to measure how well the agreements stratify your interests?
- At what point will you know that the potential voluntary agreement is better that using the court system to fight it out?
As you participate in the mediation, it will be important for you to know when a voluntary agreement is near. You need to realize the point in the mediation when you have satisfied your interests and that it now time to put the agreement into writing. Work with your attorney on the answers to these questions and review them confidentially with the mediator.
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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