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:
- 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.
- 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.
