Mediation Do's and Don'ts

Happy Thursday everyone! Can you believe it is the last week of July? This summer has flown by. I hope you all have had some time to relax, stay cool, and make lots of memories! Today I wanted to delve a bit deeper into the world of mediation and give you all some do’s and don’ts when it comes to dealing with mediation in your case.

What to Do

1.) Listen. Try to hear what the other party is saying, and what they are trying to express that they need from mediation. You may be able to find some common ground.

2.) Get Feedback. Often the mediator that you are dealing with has years of experience dealing with mediations. If you are ever confused or feel like your point is not getting across, ask the mediator how you can be clearer and better express yourself.

3.) Always Treat the Mediator Kindly. They are there to hopefully help you find a resolution in your case. And they are human. It is important to treat them kindly and know that they are only doing their job.

4.) Take Breaks. Mediation can be filled with emotions and sometimes you just need a moment to collect yourself and get back at it. You are allowed to ask for a break whenever you need one. Don’t push yourself because you think you would be wasting people’s time. The process is meant to benefit you.

What Not to Do

1.) Never Lie. In order for mediation to work there has to be honesty. If you are really trying to resolve your case and avoid going to the courtroom, you need to be genuine and discuss your needs in the hope of finding a middle ground.

2.) Don’t Blame. The point of mediation is to serve as a compromise of sorts. Pointing fingers will only stop the process from being effective and turn the conversation into a blame session.

3.) Don’t Ignore Emotions. Often mediation comes as a result of an emotionally charged conflict. If you don’t allow yourself to express your emotions and your needs, the conversation will not be beneficial, and you will not be able to come to a compromise.

4.) Don’t Come to Mediation with a Closed Mind. This is an opportunity to discover a solution that benefits both parties involved. If you come into the process unwilling to compromise or listen to what the other party has to say, the process will be unhelpful and you could prolong your case.

I hope you have all found this blog helpful. Mediation can be extremely helpful in your case and give you the chance to avoid bringing your matter into a courtroom. Mediators can play critical roles through the course of your legal case, and it is important to remember they are people too! If you would like to discuss mediation more, don’t hesitate to contact our office!

***This blog is informational only and in no way constitutes legal advice of any form. If you or someone you know has questions about the mediation process, please feel free to contact our office.

Sources: 

https://corporate.findlaw.com/litigation-disputes/ten-mediation-do-s-and-don-ts.html#:~:text=Don't%20use%20the%20mediator,client%20for%20settlement%20in%20advance. 

https://wakelymediation.com/2020/08/mediation-dos-donts/ 

http://murdochkittlaw.com/12-divorce-mediation-tips-dos-donts/