If you are going to mediation to resolve a court case, it is important to make sure that you properly prepare for mediation. The mediation session may be able to resolve all the issues related to your court case, so you need to make sure that you are ready and able to discuss all of the issues in order to be able to resolve them.
It can be useful to sit down and outline all of the issues that need to be resolved. Then, write down what you see as your ideal resolution. Next, write down what you see as the worst case scenario – the solution that you would rather go to court and try your luck with a judge before accepting. Your settlement range is somewhere in the middle of these two options. It is a good idea to think of some creative ways to solve your issues. Sometimes, great solutions can be found by thinking outside the box. This kind of creative thinking is one of the great benefits of mediation. When judges make their decisions they seldom, if ever, get creative. By creative thinking, sometimes solutions can be devised to help both parties walk away winners.
It is also helpful to outline your opponents arguments in the same way that you outlined yours – as you think the other person would answer these questions. Then, think through what you are willing to compromise on and what are not willing to compromise on.
If you need helping preparing for, or want representation for mediation, call us for assistance.