10 ways to have successful negotiations and not litigate
What is mediation?
Mediation is defined as the process by which the participants, together with the assistance of a neutral person or persons, systematically isolate disputed issues to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs. Mediation is a process that emphasizes the participants’ responsibility for making decisions that affect their lives.
10 ways to successful negotiations in mediation:
- Come with an open mind during mediation
- Remain in control of your emotions
- Make your own decision together
- Ability to see the other persons point of view and respect them for it
- Creative negotiations are welcome
- Looking forward and not backward
- Actively participate in the sessions
- Supporting and understanding of the other parties ideas.
- Ability to let go of past conflict once you have made an agreement
- Making litigation a last resort
What if we already agree on some things?
Fantastic! The first thing that we want to do in mediation is to identify what you already agree on. We will use those points of agreement as a foundation for your overall agreement. Sometimes, the concepts that make sense to you on certain easy issues can be applied to resolve other issues as well. We will want to be sure that your agreement is well-informed and that you are aware of the many issues that you may want to consider. What is included in your agreement is up to you? Our goal is to support your decision-making and having a working agreement that you both can support.
What can I do to ensure a successful mediation?
Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to individual desired outcomes and perceived standards of fairness. Being able to listen to the other party’s point of view, even when you don’t agree with it, will allow you to develop options that meet both of your needs. It is in the ability to see the whole picture from both perspectives that a mutually satisfying agreement will arise.
What are our chances for success in mediation?
My best estimate is that over 90% of mediating parties reach a comprehensive resolution, with at least half of the remaining 10% reaching at least some significant substantive resolution (e.g., parenting arrangements or financial resolution, but not both). I find this success rate to be high, and believe the reason is that a motivated client recognizes the opportunity mediation provides.
My goal is to assist you in effectively, comfortably and confidently representing yourself (with any desired assistance by legal counsel) in mediation. In mediation, you will be making all of the decisions. The mediator has no decision-making power. Thus, it is important for you to consider how you can best represent your interests in mediation, as well as the results that you would like to create in mediation.
Serving others is an honor. What you think and say matters to your mediator!
We assist families across the United States through Virtual Mediation through Video Conferencing. Call today for a Free Consult.
(Courtesy of East Valley Mediator 480-788-4187)