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15 Negotiating Tips and Tricks to Use in Mediation Be prepared. Just like a trial, the key to successful mediation is preparation. Present the facts with lucidity and honesty. Be patient. Learn to compromise. Ask for mediation. Make a run for it. Know when to mediate. Speak to opposing counsel.
The key values of mediation (self determination, neutrality, confidentiality, safety, and quality) guide the practice of mediators and form the basis for us providing the highest quality service to our clients. Adherence to these core values helps mediators ensure that clients achieve the best possible outcomes.
Avoid saying alienating things, and say difficult things in the least alienating way possible. Set ground rules to avoid attacking openings. Remember that avoiding saying unwelcome things, by having the mediator say them, merely transfers the other partys resentment from counsel to the mediator.
You dont have to go to mediation, but if you end up having to go to court to sort out your differences, you normally need to prove youve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you.
What to Be Ready to Discuss in Mediation Marital property division and debt allocation. Retirement account division. Spousal support. Child custody. Child support. Insurance coverage. Future communication. Anything else.
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Mediation is voluntary, confidential, and lets you and the other person decide what works best for both of you. Mediation is a voluntary process.
The seven elements include interests, legitimacy, relationships, alternatives, options, commitments, and communication. A seven-elements approach can be particularly helpful during pre-negotiation preparation. (Michael L.
No one can be forced to mediate as it is a voluntary process! Again, however, where parties decline to mediate, the judge will certainly be interested in why the parties have come to this decision.
The party who skipped mediation may be held in contempt of court for violating a court order. Sanctions for violating a court order can include community service, fines, paying for the attorney fees of the other party, and even jail time. The party who skipped may have to pay for all of the mediators fees.
Five Stages of Mediation Why Clients Bother With the Mediation Process. Before you understand whats involved with mediation, it might help to understand why so many choose this process. Stage 1: Opening Statements. Stage 2: Joint Discussions. Stage 3: Private Discussions. Stage 4: Negotiation. Stage 5: Settlement.

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