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It can be an opportunity to get your side of the story across - particularly if the dispute has affected you personally. Consider carefully if you wish to make an opening statement. Build a relationship with the mediator before the mediation and maintain good communication with them throughout the day.Ħ. Remember, the mediator is a neutral facilitator- they are there to help make the deal happen. Equally, are there things you need from the other party which are non-negotiable? Know where your red lines are.ĥ. Sorry can be the hardest word but it can also be the cheapest! It is always worth having bargaining chips ready to throw in to get the negotiations moving. Work out if there are any easy gives which will encourage the other party to settle without breaking the bank. For example, they could enter into a new agreement to regulate their relationship going forward.Ĥ. What are you really hoping to achieve from the mediation? Whilst damages are often sought in court proceedings, parties to mediation have the flexibility to agree to a wider range of solutions to the dispute which simply could not be ordered by a court.
#Mediator 9 tips series#
Use this to identify the range in which you would be happy to settle. If you want to get technical on settlement strategy- and see a graphical illustration of the optimal settlement zone-check out our series of blogs on the art of settlement and game theory here. Take a step back, assess the merits of your case and work out the most likely outcome, which will probably fall somewhere in between the best and worst case scenarios. Work out the costs to you and your opponent of your best case scenario (you recover everything claimed + your costs of the litigation) and your worst case scenario (you get nothing + pay your opponent's costs of the litigation).Ģ.
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Here are our top 10 tips for making the most out of the mediation process to successfully settle your dispute.ġ. Preparation for a mediation is key- you get out what you put in.