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.

10 Steps to prepare yourself for Mediation

The mediation process differs for everyone, however the following guidelines can help you to prepare for what to expect and how to prepare yourself for mediation…

By using these 10 steps, you’ll be more likely to solve your dispute in a satisfying, civilised manner.

1. Always make sure that both parties are present as well as the mediator and everyone is informed on the dispute at hand.

2. Expect the unexpected and be willing to accept any new information or developments that come up.

3. Listen during the mediation session and focus on the problem you are trying to resolve, not the people involved.

4. Do not use the same tactics that are used in litigation. There is no need to do anything unnecessary and potentially offensive.

5. Spend a bit of time thinking, planning and discussing your approach during the mediation session.

6. Think outside the box and try to look at the issue you are trying to resolve through the eyes of the opposite party involved.

7. Build your pre-mediation preparation by being aware of how you are perceived and how your position invites or denies resolving the dispute.

8. All mediation briefs and materials should be completed before the mediation takes place. Of course you should also know your materials well and be ready to explain and clarify anything.

9. Never underestimate the ability of the other part involved. It is best to get through the mediation as a team and resolved the conflict together then to just spectate from the side-lines.

10.  Think about your strategy in negotiation, review what mediation processes you prefer as well as what you will say and do to get through the dispute.

The only way to get through mediation successfully is to well-prepared in advance as well as to be willing to deal with any issues and questions raised by the mediator or the opposite party.

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labor and contractual disputes, and 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.