A primer on mediations

A primer on mediations

Mediation is part of a growing area of the law called alternative dispute resolution. In some cases, both parties in a lawsuit agree before hand that any disagreements or conflicts that arise will be settled with the help of a mediator, but in other cases, a judge may order mediation to help the parties work through a particular aspect or resolution in the case.

Mediation is frequently used in family law disputes, but it is becoming increasingly common in other areas of the law as well. The process differs greatly from traditional litigation. Be sure you talk to your attorney about the mediation process before you begin. Regardless of what kind of case you’re dealing with, the following information may be helpful in preparing for mediation.

1.     Talk to your attorney beforehand so that you understand the process and make sure you and your attorney are on the same page regarding what you want to achieve through mediation.

2.     Be prepared to negotiate, not argue.

3.     Keep your emotions under control. Even when a mediation session involves a heated discussion, keep in mind that the goal is to negotiate, not litigate to your outcome.

4.     Ask to speak to your mediator alone if necessary. Most mediators understand that some issues, particularly in family law, are better discussed privately, so if necessary, you may ask to speak with your mediator alone.

5.     Don’t be afraid to walk away (or to continue the negotiation). While the process aims to find the best resolution as quickly as possible, it may happen that you need more than one session to resolve all of your issues, so be prepared to continue the discussion if necessary.