8 Important Tips on how to Prepare for your Mediation

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.