A neighbour dispute that ended up in court
A Neighbour Dispute: A case that cried out [...]
A Neighbour Dispute: A case that cried out [...]
Half Day Mediations - are they better than [...]
As mediators we are often told that litigation [...]
Many people entering into their first mediation often wonder what they need to bring. The role of the mediator is to help the participants find a solution they can both live with. To do this, the mediator needs to know everything relevant.
Emotion is the downfall of many disputes. One side feels they deserve it all and the other side feels they should give nothing. This is a destructive emotional response that impedes a satisfactory settlement. When evaluating your case, it is important to try and put emotion aside and look at things clearly. A judge hearing your case will have to look at the case objectively and neutrally under the law.
This second article in the Preparing for Mediation series focuses on creating the right mindset for going into mediation. Having the right mindset is critical for success. Without this even the most expert mediator will have trouble moving the parties together.
The first topic I would like to address is the position statement that the participants or their solicitors prepare and send to the mediator well before the mediation meeting. This will usually contain materials and a case summary to allow the mediator to get familiar with the facts (and opinions) of the case.