3 tips to prepare for mediation – not just for family law disputes!

Mediation is not just for divorcing couples and warring parents. From fencing disputes to workplace conflict, mediation is used to resolve disputes in almost any area of the law or human relations. You do not need to have filed court proceedings or engaged lawyers to have a mediator facilitate your discussions; in fact, many people find it useful to try mediation first, only engaging lawyers if the matter cannot be resolved.

A mediator does not tell you what to do or make decisions about the dispute; the mediator’s role is to help you identify the issues and propose solutions for everyone to consider and discuss.

In a guest post for the Since My Divorce website, Joe Dillon shares “3 way to make mediation work for you”, which are useful in any mediation or negotiation.

1. Be future focussed

There are a number of things that may have brought you to the [dispute] but the time to be concerned with those old arguments is over. The past is the past and whatever brought you to the [dispute]should now be replaced with thoughts of “how do I move forward in the most peaceful and cost effective manner possible?

2. Have Realistic Expectations

In mediation we share the facts as difficult as they might be for both of you to hear.

Helping [parties] have realistic expectations of their lives [workplaces, businesses, or commercial relationships] moving forward allows them to understand the financial realities of their situation so they can come to mutually acceptable agreements on critical issues

3. Negotiate in good faith

If you want mediation to work for you it can if you follow one simple rule – be honest with [other parties], your mediator and yourself.

In order for mediation to work you need to be willing to fully disclose all assets and liabilities and enter them into discussions. Some people intentionally hide things as they don’t want to have to share in them (inheritances are a good example of this) but guess what? Sometimes those things you were so busy trying to hide and be dishonest about aren’t even subject to distribution in [the dispute]!

So now not only did you break the trust, but you could have kept the darn thing if you were honest! That’s what we call a “lose-lose.” When in doubt – disclose.

Read Joe’s full article here sincemydivorce.com/3 ways to make mediation work for you

Jain the conversation – what are your tips to prepare for a mediation nor negotiation?


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