Here are 10 tips that will help you succeed at mediation:
- Understand the Process
Mediation is not a trial and requires a different skill set and approach. Leave your inner pit bull at the door and approach the mediation with a calm and professional demeanour. This will greatly improve the prospects of a settlement.
- Gather and Organize all relevant Evidence
Take the time to prepare a useful brief, focused on the key issues with reference to all of the relevant evidence. Exchange all expert reports well in advance so the parties have time to consider them.
- Manage your Client's Expectations
Ensure that your client understands the mediation process, the potential outcomes, and their role during the sessions. This includes discussing the benefits of mediation and setting realistic expectations.
- Consider the Forum
Mediations can be in-person, hybrid or online. Think carefully
about how your case would benefit from one or another of these
options. People are generally more invested in the process of
in-person mediations.
5. Develop a Strategy
Formulate a clear strategy for the mediation. Identify key issues, set goals, and determine the best approach to achieve a favourable outcome.
- Assess Your BATNA
Consider your Best Alternative to a Negotiated Agreement (BATNA). This means understanding what your options are if the mediation does not result in a settlement.
- Your Opening Statement
Not all mediations require opening statements and adversarial openings generally hinder the process. Your position is set out in your brief, so use your opening to let the other side know that you have read their material, understand their concerns, are there to resolve the case.
- Know your Audience
Your client knows you already, so focus your mediation advocacy on persuading the other side and the mediator. Being effective means being conscious of your audience.
- Use Active Listening
People are prepared to compromise more if they feel heard. Acknowledge and validate the other side's concerns and they will likely be more open to hearing your arguments. - Consider an Apology
Emotion plays a large role in many mediations. Sincere apologies can be effective to bring disputes to resolution.
Originally published 12 November 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
