If a dispute has come as far as mediation, then it is in everyone’s interests to make that mediation work. Court cases are costly, time-consuming, and emotionally draining for everyone involved. There can only be one winner – and one loser. While you might feel your case is strong, there is still a risk that you won’t get the desired result.
Mediation can offer a win-win solution – where parties work together to come to an agreement that is acceptable for all. But that doesn’t mean it is easy.
Here are 4 tips to give the mediation process a good chance of resolving the conflict and reaching a successful outcome:
1. Let the other party choose the mediator
You might think choosing the mediator yourself will give you the best chance of getting what you want. But letting the other party choose immediately demonstrates openness, willingness and a desire to cooperate. It starts the process off in the best, most positive manner and can often be disarming. The mediator’s role is to be neutral and to work with all parties to reach a resolution that works for everyone. You will generally put forward recommendations, but if you let the other party choose, it shouldn’t matter who made the original selection.
2. Don’t argue about who is right – and who is wrong
Mediation is not about deciding who was right and who was wrong in a particular case. It is about finding a solution to the problem that avoids a court battle. For mediation to succeed, all parties need to accept some share of responsibility for resolving the situation – moving past blame to prioritise resolution.
In contrast to the confrontational nature of litigation, mediation doesn’t revolve around an all-or-nothing courtroom showdown. Instead, it’s a process where parties come together with the aim of reaching mutually advantageous agreements. To thrive in mediation, embracing the art of negotiation as a willingness to find common ground is crucial.
To truly win in mediation, it’s important to empathise with the other party’s perspective, stepping into their shoes to see the matter from their vantage point. Engaging in negotiations without a readiness to bridge the gap between positions is a futile endeavour. Each side must be willing to make concessions and gradually let go of their initial stance, ultimately converging toward a middle ground.
At the heart of effective negotiation lies the cornerstone of compromise. It’s the path to successful mediation.
3. Leave any aggressive advisers at home
This may seem counterintuitive, as your solicitor/barrister may well have been the one who has brought your case as far as mediation and who knows your case so well. But at this point, it is important to have with you a representative who is “mediation friendly”. Mediation requires a different mindset – looking for commonality and agreement. If your barrister approaches the Mediation as a “mini-trial” this is unlikely to help the mediation process. If your solicitor/barrister, has the right collaborative approach to the principles of mediation, with your best interests in mind, this will give it the best chance of success.
4. Start with the easy parts
Beginning any mediation discussion with areas of agreement sets the tone for the rest of the negotiation. Highlighting common ground demonstrates your commitment to a positive outcome. Harder issues can be dealt with further on in the discussion, once an atmosphere of collaboration has been created. Beginning with the most difficult areas to get them “‘out in the open”’ can simply set a course for disagreement and division.
When approached with these points in mind, mediation can ensure all parties are able to resolve their differences. Disputes can be resolved and all those involved can move forward with their business and personal lives.
Contact Roger Levitt, The Leading Commercial and Business Mediator
With extensive accreditation in Business Mediation across various domains including Commercial and Residential Property, Construction, Business, Commerce, Retail, Restaurant, Healthcare, Franchising, and financial-related disputes, I offer you a powerful solution.
Having amassed 33 years of expertise as a property solicitor, I possess an in-depth understanding of the legal intricacies surrounding property and business conflicts. I am fervently committed to the transformative potential of mediation, boasting an impressive 75% success rate.
For a firsthand experience of my mediation services and a step towards resolution, don’t hesitate to connect with me. Reach out today at 07776 141 717 or drop an email to roger@rogerlevittmediation.co.uk. Let’s start the journey toward effective mediation together!
