If you are in the middle of a dispute, you may be considering mediation. Mediation can be an effective way to resolve your case. However, there are some mistakes that people make that can ruin their chances of success at mediation.
Employing a Calgary divorce mediator is not a process where each party gets to make demands and then go home feeling like a winner. If your goal is to win, you will not succeed. The best outcome is reached when both sides feel like they have achieved something and come away with an agreement that they can live with.
Here are some things you should avoid in mediation:
1. Not Preparing A Mediation Brief
In mediation, the parties are in charge. The mediator serves as a facilitator only. If you want to be in control, then you need to do your homework and prepare thoroughly before going into mediation.
The most important thing you can do is prepare a mediation brief. This should include information about the case, including the strengths and weaknesses of your position, any relevant legal precedent (case law) and any documents that will help support your case. If you don’t know where to start or what to include in your brief, ask a lawyer or paralegal for help.
2. Not Meeting With Your Mediator Before The Mediation
It’s very important for both sides to meet with their Calgary divorce mediator before the actual mediation session takes place, so that nobody is surprised by anything said or done by anyone else during the session.
3. Not Keeping An Open Mind
Mediation is not about winning or losing; it’s about reaching a settlement agreement on all issues in dispute between two parties. If you come into mediation with an attitude of “I want my way or else,” then you’re going to run into trouble right off the bat.
4. Springing New Information On The Other Side
In mediation, you should avoid springing new information on the other side. If there is a radical change in circumstances or if something comes out that wasn’t previously disclosed, you should notify the mediator as soon as possible and let him or her know that you need to address this new development before continuing with the mediation session. This will allow the mediator time to consider how best to proceed.
5. Not Compromising Enough
If you’re going into Calgary divorce mediation hoping that everything will go your way, then you’re probably going to end up disappointed. No matter what type of legal issue you may be facing, there’s always room for compromise. If both parties aren’t willing to negotiate some kind of settlement agreement, then the mediation process will go nowhere fast.
6. Making It All About The Money
When you go into mediation, it’s important to keep in mind that money is not the only issue at stake here. There are many other factors besides money that need to be considered when deciding how much value your claim has and what kind of settlement you should ask for.
7. Rushing To Settlement
While many people assume that mediation is an easy process that can be completed quickly, this is rarely the case. Mediation takes time and patience – neither of which should be rushed through during this process. In order to reach a favorable outcome through mediation, both parties need to be willing to work together and compromise until they find something they can agree upon; this takes time!
8. Not Being Honest
If there’s one thing you should always do during mediation, it’s being honest with yourself and others involved in the dispute. It’s easy to get caught up in emotions during negotiations; however, if someone isn’t being honest with themselves or others involved in the negotiation process, it can ruin any chance at reaching an agreement that works for everyone involved.
The Takeaway
Please don’t go into the mediation room looking to win. To do so, you might miss out on the opportunity to negotiate a fair outcome for both parties. Some outcomes might not feel fair if you’re used to thinking in terms of winners and losers. By aiming for a solution that works for both parties, you will have a much better chance of reaching an outcome that both sides feel is fair.
