Understand that mediation is an opportunity. If your dispute goes to trial a judge or jury will ultimately decide how you and the other party will proceed in the future. Mediation gives each party an opportunity to have a combined say in the outcome of their dispute.
All mediation is voluntary. Even if you have been court-ordered to mediation, you are not required to come to a resolution. It is important to look at the mediation process as an opportunity to compromise and have a say in the final agreement moving forward.
As part of our Mediation Packet, we provide a document for you to prepare your ideal outcome, what you can live with, and an absolute “No Resolution” situation. List out your must-haves and things you are willing to entertain to resolve your dispute.
Having an open mind and willingness to listen to other possible resolutions is the key to coming to a solution everyone will be satisfied with.
Understand that mediation is a confidential process. The things you say or do at mediation will not be used in court, except for a few exceptions like an expression of a future criminal act or a lawsuit against the mediator.
Although you cannot guarantee how prepared the other party will be, if at all possible, you may want to suggest open dialogue with the other party before the mediation session.