Monday 5 November 2018

The Two Essential Tricks that make Mediation Work


Mediation is often a better option for conflict resolution – why? Because it is faster, affordable and it allows both parties to come to a mutually-acceptable resolution in a way that the courts simply cannot do.

Here are the top two essential tricks that may not be the norm, but they always work.

Never argue about who is right – The main goal of mediation is not to argue until there is a winner, but to come to an agreement that both parties agree on. Usually, in the case of mediation, both parties are well aware of the facts and the legal issues and have had enough time to become familiar with the case. So, arguing is just a time consuming, expensive act that can unnecessarily anger both parties and cause the attention to drift away from the overall goal of settlement.

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Leave the hard issues for last – If both parties would like to settle the conflict and come to an agreement then the best thing to focus on first is always money, while leaving the harder issues for later. Once the key term has been agreed on, the parties involved will feel more at ease and some momentum will be created. In mediation deals can often fall apart when the harder issues are out on the table right up front, so consider leaving the more difficult issues until the end.

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Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour and contractual disputes as well as divorce settlements. 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.

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