10 Tips To Bear In Mind When Preparing For Mediation
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The idea of heading out to find a good family mediator in Leicestershire to settle a dispute is one that would of course fill most with a sense of dread. After all, it is not like most people go out of their way to find reasons for conflict and dispute, but it is inevitable that many will from time to time find themselves in a rather sticky situation.
According to the experts, mediation has the potential to be infinitely more pleasant and effective than any heated courtroom battle. Much of it comes down to how you approach and handle the process, which is why it’s a good idea to take a few tips from the experts prior to going ahead.
So for those who will be taking part in mediation sessions in the near future for any reason whatsoever, here is a quick look at 10 expert tips to ensure you get the most out of the process:
1. First and foremost, consider the logistics of getting all necessary parties to the mediation sessions as and when required. The fact that participants are not legally required to participate makes the likelihood of absence somewhat greater, so if there are likely to be any logistical problems to speak of, consider using video calling technology to attend remotely.
2. One important tip to bear in mind is that of accepting ahead of time that things probably will not go exactly as you expect them to go. You have a head full of ideas and so does the other party, which will inevitably lead to clashes. Or in other words, it’s a good idea to expect the unexpected.
3. When it is any other person’s turn to speak including the mediator, remember that there is a very big difference between hearing what they say and actually listening to them. It is the latter that you want to focus on here as to shrug of anything they have to say and generally ignore what is said by anyone other than yourself is to compromise the likelihood of a resolution being reached.
4. Do something of a mental role reversal prior to your mediation sessions and put yourself in the position of the other person. Think how you would react to the propositions you plan to voice and the counter arguments you would most likely raise. This will put you in a much better position to handle their counterarguments objectively and fairly.
5. Go over your own arguments and key points as many times as necessary to ensure that you have not only memorised them, but also have strong reasoning and explanations for all of them. You cannot only say what you want, you need to explain why you are entitled to it.
6. Never head to a mediation session with the intention of coming out with exactly what you want to the letter. If this was going to happen, it would have happened without the need to call in the mediators – the fact that you are going to a mediation session means you’ll have little choice but to compromise to one extent or another.
7. At all times before, during and after each mediation session, try to bear in mind that by reaching a resolution this way, you will avoid the unpleasantness of having to go to court. If you keep reminding yourself of the importance of reaching a resolution by way of mediation, you’re more likely to compromise and accept a fair proposal.
8. While it is easier said than done, it is important to remember that anger and any other extreme emotions will only cloud your judgement and make it all the more difficult to reach a resolution. As such, it is of the utmost importance to enter these kinds of negotiations with a clear head and to give yourself time to come down when and where you feel yourself being pushed closer to the edge.
9. Mediation sessions offer an opportunity for opinions to be shared. Sometimes it is helpful to obtain advice from others to be shared in the mediation sessions. This can help provide clarity for the negotiations.
10. Last but not least, try to remember that the vast majority of agreements reached by way of mediation are not necessarily legally binding and can always be tweaked and modified at a later time. As such, if and when a proposal is voiced which the involved parties think has the potential to work though may not be ideal, there’s really no harm in trying it out for a while and returning to the negotiating table at a later date if necessary.
