They say free advice is often overpriced, but every so often someone will offer an unsolicited tip that’s full of value for you. I’d like to offer five such tips that could pay off for you and/or your client in mediation.
- Preparation Is Key. Prepare your client and use your memo and productions to lay the necessary groundwork to resolve the file. As Benjamin Franklin said, “By failing to prepare, you are preparing to fail.”
- Craft a Strategic Opening Statement. Determine if you want to make one or not. If you do: set a positive tone for resolution, keep it concise, highlight your strengths and address any perceived challenges before the other side gets the opportunity to.
- First Offers. Set the tone for the mediation. It is fine for this offer to be aggressive but not if that number is perceived as being detached from reality.
- Utilize Your Mediator. To help get a sense of what’s going on in the other room(s), uncover their positions and interests and to find arguments that will appeal to the other parties.
- Get Real. Be objective when assessing the file. You may want to get the Mediator’s take and assess the merits of your case to identify the range in which it makes sense to enter into a settlement. Don’t push the process; it is good to keep in mind that while sometimes things don’t settle at mediation, the mediation usually helps move the case towards a resolution.
No two mediations are ever the same. The particular mix of people, personalities and issues can change your strategy and approach to mediation. But generally, keeping these five tips in mind will set you up for the best chance at a productive mediation and resolving the case.
ABOUT THE AUTHOR
Marshall Schnapp, BA, JD, LLM (ADR) has been resolving disputes for over 10 years as a mediator and has extensive experience in adjudication as well. Clients consistently recommend Marshall for his upbeat, tenacious attitude, and the skills he has honed helping resolve thousands of matters.
Get in touch with Marshall by email at email@example.com or by telephone (647) 250-7216 today to set up a consultation, and see why he is the right mediator for your next file. For booking availability, please visit https://schnappmediation.com/booking/ or contact Lacey Day at firstname.lastname@example.org or (647) 250-7216.