Hi all! Can you believe that we are already halfway through October? The holidays will be here before we know it. This week, I wanted to continue my “how to prepare” series, by giving you all some tips, tricks, and advice to prepare for a successful mediation.
In the past, I have written about what mediation is, what to expect, and the different types. Feel free to look at some of my previous posts if you need a refresher.
1.) First, and most importantly, get legal advice. A mediator is an important part of a mediation, but they are a neutral party and CANNOT give you or the other side any legal advice. It is always in your best interest to consult an attorney about your case or before a mediation. An attorney can help you with any legal questions or concerns and assist you in how to best prepare and understand how the mediation is going to impact your case.
2.) Come prepared. Discuss any concerns with your attorney ahead of the mediation. If the mediation is in person, make sure you know how to get there, arrive early, and bring any important documents or relevant records with you. Another important part of coming prepared is being sure that you have eaten a good meal and gotten a good night’s sleep beforehand. Bringing snacks and drinks is completely allowed! Mediation can be emotionally and physically exhausting and you want to arrive as your best self so that you are not distracted by hunger or tired.
3.) Set goals. Make sure you come to mediation with some ideas of what you want to accomplish, and what you hope to gain from mediation. However, you need to make sure they are realistic and try to be as flexible as possible. It is important to have goals, but if you come in demanding the world and are willing to give nothing to the other side, you are unlikely to find a resolution.
4.) Expect the unexpected. Mediation is a time to discuss issues and try to come to a resolution. If you come with an all-or-nothing mentality, you are likely to struggle through the mediation and end up leaving you frustrated. Try and approach mediation with an open mind, you may find new ideas or solutions that you had not considered.
5.) Perhaps the most important – LISTEN. As I have said previously, mediation is a time to try and come to a compromise and find a solution that benefits both parties. You are entitled to be upset, want the dispute to go away, and come out successful, but if you listen to the other side you may realize that they are hurting too and you both can come to an agreement on something that meets both of the goals that you brought to mediation.
I hope you all found this week’s blog post helpful and informative. Mediation can be a great way to resolve your legal case, can be less stressful, and save you time and money too! If you have any further questions, our office would be more than happy to talk to you or set up a free consultation with Marcie Baker.
***This blog in no way constitutes legal advice of any form. If you have any questions or concerns about mediation or a legal case, please do not hesitate to contact our office.
Sources:
https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida http://www.resolutionhouse.com/preparing_for_mediation.html
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