Mediation is a legal alternative that resolves almost all civil disputes faster and cheaper than traditional litigation. Mediation allows both parties to agree on terms jointly rather than continue fighting or going their separate ways with nothing resolved.
Mediation has become the standard for resolving legal disputes because of the benefits it yields for both parties. However, most attorneys may feel apprehensive about mediation and wonder if there will be any disadvantages for them and their clients.
This article explains how your attorney can win at mediation by knowing what to expect, identifying areas where you have an edge, and mitigating risk where appropriate.
Read on to discover how your attorney can succeed during mediation with these tips.
The first step toward winning at mediation is knowing precisely what to expect throughout the process. The general format of a mediation session is usually one-on-one discussions between two parties with an impartial mediator present.
Mediators are trained to facilitate meetings, collect information, and find mutually beneficial solutions. Mediators are neutral third-party facilitators who are not involved in your dispute.
Their primary responsibility is to help facilitate discussions between two opposing parties so they can agree on their own.
Although there are many areas where you can win at mediation, it is essential first to identify your strengths and weaknesses. This process is necessary to understand your opponent’s strengths and weaknesses.
For example, if your opponent’s area of expertise is medical malpractice, you would be wise to hire an attorney specializing in the same law area.
Additionally, if your opponent has significant financial resources available to hire expert witnesses and has substantial evidence in their favor, a mediator would be unlikely to rule in your favor.
Similarly, if your opponent is inexperienced in mediation and/or is not represented by an attorney, you could be at an advantage. By identifying these factors beforehand, you can plan a strategy that will help you win at mediation.
The mediation process has rules to ensure it is fair and unbiased. However, some rules are more favorable to one party over another.
For example, in most mediation sessions, the mediator will provide a brief overview of the dispute and then immediately present the parties with a proposed settlement option.
Your opponent will likely be able to review the settlement and discuss it with his attorney before returning it to you. However, you won’t be able to review or discuss the proposed settlement with your attorney. You’ll only have the opportunity to accept or reject the proposed settlement.
In this situation, your opponent is likely at an advantage. Even if your opponent is at a gift in a specific rule, you can win at mediation by knowing these rules beforehand.
Therefore, your attorney can leverage their knowledge of these rules to help you succeed at conciliation.
Each party will likely have an idea of how the debate should be resolved in any dispute. However, determining the argument based on each party’s desired outcome is usually not the most efficient approach.
The goal of mediation is to resolve the dispute and bring closure to both parties.
Therefore, in mediation, your attorney will want to put aside their desires for the dispute and instead focus on resolving the debate for the parties involved. Your attorney will likely win at mediation by knowing the culture of the mediation process.
Simply put, your attorney will know what each party will probably accept as an outcome. Your attorney can then use this information to shape a settlement you are likely to get while simultaneously presenting your opponent with an offer they are likely to accept.
No matter how well prepared you are, there is always a chance that you might lose at mediation. However, before you accept an unfavorable outcome, it is essential to mitigate any risk you might be exposing yourself to.
For example, in the healthcare industry, it is common for mediation to result in a confidentiality agreement that prohibits both parties from discussing the mediation.
Therefore, if you risk losing the mediation and accepting a confidentiality agreement, your attorney could ask the mediator to remove that clause.
If a clause like this is included in the settlement, you could be prevented from discussing your experience and filing a complaint against the offending party.
However, if the mediator has no power to enforce the clause, you could breach the confidentiality agreement without consequence.
Conclusion
Legal mediation is a fair and efficient process that could help you resolve a dispute quickly. However, to win at mediation, you will need to be prepared.
Your attorney will likely win at mediation if they know the rules of mediation, see the culture of mediation and can mitigate risk when appropriate.
With these three factors in mind, you can be sure that you will win at mediation and get the outcome you want!
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