Preparing for Mediation
Nov. 13, 2021
When two or more parties are involved in a contract or agreement, disputes are bound to occur. Whether it’s a business, landlord-tenant, family, or marital contract, mediation allows all parties involved to discuss their disputes with the assistance of a neutral third party (mediator) and reach a fair resolution amicably. The American Arbitration Association reports an 85% success rate in reaching complete or partial agreement through mediation. This Alternative Dispute Resolution method offers a cost-effective, hassle-free, and quicker way to settle various civil and non-criminal disputes compared to going to trial.
If you are considering mediation or going to participate in mediation and want to know how to prepare, it is important that you speak with an experienced Florida mediation attorney for detailed guidance. I’m committed to offering experienced legal guidance and reliable advocacy to clients in family law and mediation-related matters. I’m available to discuss your unique situation, help you understand what to expect at mediation, and enlighten you on how to prepare for mediation. My firm proudly serves clients in St. Petersburg, Pinellas County, and throughout the state of Florida.
What to Expect at Mediation
Mediation can be described as a process whereby parties involved in a dispute meet with a neutral third-party (experienced mediator) to discuss and resolve any pending issues, concerns, or relationship differences between them peacefully and amicably. The mediator won’t determine who is wrong or right, but only help negotiate with all parties and facilitate a feasible resolution.
Although processes differ depending on the unique situation, here is what happens at a typical mediation:
All parties involved in the dispute will first meet together with the mediator.
The mediator will explain the process and have all participants introduce themselves.
The mediator will encourage all parties to be professional, civil, and avoid interruptions when one party is talking.
There will be a private session where each party will go into a separate room to discuss with the mediator privately.
The mediator will give each party the opportunity to explain the dispute from their perspective and state their position.
The mediator will ask the parties to make an offer, counteroffer, and consider the position of the other parties.
Mediation usually takes a full day or even longer. If a resolution is reached, the mediator will document the terms of the agreement and present it in court for official approval. An experienced mediation attorney can help facilitate the discussion and keep the conversation productive.
What to Do to Prepare for Mediation
If you are considering mediation, here are some tips to help you prepare:
Consider what is important to you in the dispute.
Gather all information and records that are relevant to the possible resolution of the dispute.
Do not come to mediation with a predetermined mindset.
Be flexible and open to the other party’s suggestions.
Enter the mediation process confident in your own understanding of the issue or concern, but without being boastful.
Be open to the other party’s perspective and possible resolutions that may be offered to you during the mediation process.
Consider what will happen if you are unable to reach a possible compromise.
An experienced attorney can help you prepare for mediation and improve your chances of a successful one.
Tips for a Successful Mediation
Here are some tips to achieve a productive, successful mediation:
Know your own interests and focus on them.
Present all relevant documents that may help settle the dispute.
Be open to other party’s resolution offers. Avoid focusing exclusively on showing that you are right.
The purpose of mediation is to achieve a feasible resolution. Be open to a possible compromise that is agreeable to all parties.
Treat all parties involved in the mediation with respect.
Work to convince the other party of the mutual benefits of any possible resolution.
Aim to reconcile interests and resolve issues amicably.
You may be frustrated and angry during the mediation process. Learn to work past this and achieve a common goal.
Addressing disputes and concerns between the parties involved may take some time. You must be patient. A skilled attorney can enlighten you on the mediation process and help you make intelligent decisions every step of the way.
Mediation Experience You Can Trust
Whether it is a business disagreement, contract dispute, family dispute, or divorce issue, trying to resolve such disputes can be stressful and may involve a lot of complexities. Mediation offers all parties involved the opportunity to come together and work out a feasible resolution while the mediator helps negotiate and facilitate a possible compromise. An experienced mediation attorney can help resolve various civil and non-criminal disputes peacefully and keep the conversation going.
At BKG Mediation, LLC, I have the experience and resources to help individuals, families, and business owners resolve issues efficiently and effectively using Alternative Dispute Resolution. As a certified mediator and family lawyer, I will help uncover the facts of your unique situation and work diligently with all parties involved to resolve civil disputes. Using the depth and breadth of my personal and professional experiences, I can help guide you toward a fair and favorable resolution.
Contact my firm – BKG Mediation, LLC – today to schedule a simple case assessment with an experienced mediator and family law attorney. Don’t settle for anything less than detailed guidance and reliable advocacy when it comes to your future. My firm proudly serves clients in St. Petersburg, Pinellas County, and throughout the state of Florida.