Mediation is much different than litigation. It is a process of exploring solutions and trying to compromise, as the neutral mediator guides the process and informs those involved of relevant legal options and tools they can use.
If you’re involved in this process, you certainly want to ensure that it goes smoothly. What are some areas you should consider to achieve this goal?
Focus on communication
Communication is very important because both sides are supposed to be working together. Open communication makes this easier and helps to avoid some disputes. Both parties need to have the right mindset going into mediation to help it be successful.
Work toward mutual success
It’s also important to remember that the goal is mutual success, and this is why compromise is sometimes needed. Mediation isn’t aimed at winning and losing. It is designed to find a solution that works for both sides so that issues or disputes can be settled.
Separate issues from individuals
Finally, it’s important to remember that the legal issues are different from the people involved. Maybe it’s a business partner dispute over the use of business assets. The misuse of assets is the issue, but that doesn’t mean the other individual is a bad person. Maybe they made a mistake. Maybe miscommunication led to confusion and they didn’t do anything wrong. By focusing on the issues rather than the people, you can work toward solutions.
Are you interested in using mediation to solve a dispute? Be sure you know how it works and what options you have.