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Tips for effective mediation

April 16, 2018 by Jean Brasse

TIPS when you participate in mediation

 Understand the process: Listen carefully to the opening statement of the mediator when the process is explained and not be afraid to ask questions about the process.

 Be Open: You should draw comfort from the fact that the mediation process is confidential and what you say in the mediation will remain in mediation and cannot be used later on. The more open you are the better it will be for the other participants to fully understand your interests and needs.

Know your issues: You should be well prepared for the mediation and be across all the issues you want to resolve. If the dispute is about money, you should make sure you obtain all your numbers and that you put them together in easily digestible formats.

Keep the process moving:  Do not bog down the process with any issues. Follow the lead of the mediator by parking any such issues and keep moving. You can come back to any of the parked issues at any time.

Have the right mindset: Mediation is not litigation. Catch you moments are neither dramatic nor useful in mediation. You should stay focused on the issues – play the ball not the man.

Stay Cool: You should avoid getting caught up in hyperboles and histrionics. You should try to rephrase your thoughts as to what is happening during the process. For example, hearing ‘I am walking out’ from one participant may be understood as ‘I am getting frustrated’.

Trust:  Show trust and faith in the mediator.

 

 

 

 

Filed Under: Litigation

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Dandenong VIC 3175
03 9095 7845
03 8774 6463
info@rbclawyers.com.au
PO BOX 7171, Dandenong VIC 3175

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Contact Us

Suite 2, 37 Princes Highway
Dandenong VIC 3175
03 9095 7845
03 8774 6463
info@rbclawyers.com.au
PO BOX 7171, Dandenong VIC 3175

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