When does mediation start?
People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table. Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation.
This pre-mediation phase is frequently overlooked and underestimated for the potential power it has over the outcome of a mediation session.
Preparation is the Key
Would any one perform in a play without holding a rehearsal? The answer obviously is “No.” Yet, people often go into mediation with very little or no preparation for what could be one of the most important days of their lives. This is even more significant when you consider that decisions made during mediation can have critical, life-changing effects for not only the disputants, but for their companies as well. Therefore parties should not overlook this phase and begin detailed preparations for the mediation.
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.