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5 Tips to Guide You Toward a Successful Mediation (Part 1)

Mar232012
Mediation
When used properly, mediation can be a useful tool in the legal process and can assist in bringing parties to an agreement without either side having to incur substantial litigation expenses. In tough economic times like these, such a solution is especially attractive.So what can you do, as either a client or attorney, to make your mediation sessions more successful? Read on for tips 1 and 2, with 3 – 5 to follow.Tips to ensure your mediations are useful and effective:
  1. Listen. As most experienced lawyers know, and any parent can attest, in order to negotiate effectively, you must hear what the other side is saying.   In any mediation, it is important to be aware of the other party’s concerns and to understand what terms might be available; including options that have not previously been considered.   There may be non monetary or continuing business terms that serve the interests of all parties.
  2. Capitalize on Confidentiality. Often, party’s withhold damning evidence in an attempt to ‘surprise’ the opponent into victor. While having an edge on opposing party is obviously an important litigation tactic, in a mediation evidence can be more effective when put to use. Remember, rules of confidentiality apply when you are speaking with your mediator — Consider sharing the information with him to help the mediator assess both parties’ positions.  You can tell the mediator that he is not authorized to divulge the evidence.
Want to read tips 3, 4, and 5? Come back next Friday for more on how to fully effectuate your mediation!

Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met: justly and efficiently.  For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com or call him at (310) 201-0010.

Category: MediationBy bfriedmanMarch 23, 2012
Tags: mediationmediation tips

Author: bfriedman

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Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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