Task #19: Credible evidence?
What evidence can you bring to the mediation that will be credible to them and will help them see your point of view? 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.
It is useful to bring evidence to the mediation that will be credible to your opposition and will help them see your point of view. This is at the very least your smoking gun. But though it might be a smoking gun to you, it is important that they see it as such. If this evidence would be admissible in court, then it would be best to send it to them way before the mediation. By so doing, you might eliminate the need for the mediation itself.
It is not necessary, despite the objections of the lawyers, that the evidence be admissible in court. The beauty of mediation is that the parties can look at all of the evidence and then reach a decision. The mediator and attorneys would help evaluate the evidence and its admissibility to determine possible settlement.
They will also be bringing their own evidence to help you see their point of view, too.
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