Mediation is a great way to resolve
disputes and come to an agreement, however to achieve a settlement that both
parties are happy with, you will need to prepare for you mediation effectively.
Here are 8 important tips to keep in mind
when you are preparing for your day of mediation…
1. Identify key interests – Your key
interests in the disputes may be more than just working out your claims, it
could include preserving a business relationship and even avoid too much
publicity.
2. Make the first offer – The party that
makes the first offer tends to come out happier when the final settlement is
reached. Seize the initiative and make
the first offer.
3. Get an estimate of the costs of
litigation – It is a good idea to get a cost estimate and see what you will
have to pay should you decide not to settle. Keep this in mind when you are
making your decision.
4. Explain your main points before the
session starts – Focus on the main points and don’t be afraid to express your
emotions, whether it is sadness, happiness, anger, etc. Real emotions can help
the other party understand your position.
5. Make sure there is nothing preventing
you from making a deal – Arrange all funding in advance before the mediation
even begins and should you need legal advice, make sure to do so before the day
of the mediation.
6. Be ready to talk face to face – Often
parties may find this uncomfortable, but it can often help out the situation.
When you are preparing think about how you will handle the situation and what
you’ll say.
7. Think about how you will prepare your
position – Never make bare demands, especially with no explanation. Explain
your position in details so that the other party will understand why you want
something.
8. Treat your mediator like a colleague – Always
remember that your private discussion with a mediator are confidential and will
never be revealed to the other party. So confide in your mediator about everything!
We offer mediation that is both affordable
and an effective way to resolve conflicts and disputes. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or
give us a call on 082 422 3324 to book your session.