In Part 1 and Part 2 of our series, we introduced you to the first four keys to mediation victory. We will conclude our series with the last three elements that will ensure you walk away from mediation pleased with the outcome.
5. Understand Your Opponent
The mediation process can present challenges with respect to the various personalities involved. Notwithstanding, mediation has to be conducted in a way where everyone has a voice. The perspectives and objections of all must be considered. The ultimate goal should revolve around establishing solidarity between parties and to persuade and reshape the opposing party’s views of one another’s case. This way, all three sides will be able to work together to come to a mutually beneficial outcome.
6. Think Ahead
Thinking ahead can happen before, during, and after a mediation. Before a mediation, the strengths and weaknesses of a case must be analyzed to determine the likelihood of success. The following questions must be asked:
- Once the mediation commences, if it isn’t going as well as planned how will this be handled?
- What if the final decision of the mediation is unacceptable to one or both parties, will parties pursue litigation?
The goal for everyone is to resolve the case speedily and in the most favorable terms possible, but there are times when the ideal settlement is not achieved. A skilled mediator will be able to help parties understand what options are available.
7. Get it in Writing
Once you are ready to conclude the mediation process and an agreement is reached, you should draft a Memorandum of Understanding (MOU). This is where a reputable St. Petersburg construction attorney can be a great asset. Generally, the MOU comes after the handshake and before a formal agreement and release. To determine if the agreement is enforceable, the guidance of a legal expert should be sought.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.