How to Settle with a Mediator?

Answer 1

Mediation is sometimes viewed as a 'lesser' decision than going to court. Some feel they are 'settling' for settling a case before a court trial, but this isn't true at all. Even if your case doesn't warrant a prison term, the point is plain - mediation is to be esteemed in its favorable possibilities, rather than quickly heading to the particulars of an expensive, drawn-out court case. During which, the system often limits one from expressing all points of consideration, and the final judgment may not be as favorable as if you had attempted a grown-up discussion in the first place. What would be different with a mediator?

• Step One: Do your research when choosing a mediator. Everyone has a specialty, and if your case involves corporate issues, you may not be able to plug through the process as easily if your mediator specializes in family law. Check resumes, experience and references - you want to be sure you're not simply involving another opinion in the ranks of your most important decisions.
• Step Two: You will need to come up with a contract with the opposing party to detail the terms of the mediation - like how payments will be made and what to do should an impasse result.
• Step Three: Know what you're after. You are trying to come to an agreement with another party. You don't have to be a stickler about everything on your list, but at least know which things take top priority and are non-negotiable over the matters where you may be a little more flexible. When you express your concerns to the mediator, they will view each side of the issue and make a decision based on the evidence presented. Their advice will more than likely line up first with an industry standard, and then out of judgment based on your particular case.
• Step Four: It is important to trust the mediator you have chosen. If they have experience in the field, they more than likely can give you a perspective that is more likely to be seen according to the law.

Most cases that go through mediation before attempting litigation are successful in their negotiations. Another bonus is that since the atmosphere is more cooperative than adversarial, the relationships are more likely to stand when all is said and done. That is something worth settling over.