In this article, we take you through how to prepare and participate in mediation so that you get the most out of your mediation sessions.
Table of Contents
Preparing For Mediation
Before your mediation session, there are a few things you should do to prepare.
First, you should consider what you want to discuss, think about what’s most important to you and what you think is most important to the other person. What topics do you need to resolve and what questions do you want to ask the other person?
Prepare Any Resources That Will Be Significant To The Mediation
Mediation is not a trial you do not need to present evidence. You should bring documents and information that will help the discussion and answer questions. You may be allowed to bring your lawyer, ask your mediator if lawyers can participate.
Plan Ahead
Give yourself plenty of time as sessions can vary in length and lastly relax, mediation is less stressful than you might think, the mediator is there to help you with the process, and if it does not work out you do not lose any of your rights.
Participating In Mediation
Keep in mind that mediation is a collaborative process. You should listen to new information and keep an open mind. It is important to hear what the other person is saying and ask questions to help you understand, there may be a lot to talk about so try to focus on what you really need to end the conflict.
When crafting a solution to the problem, be creative, mediation gives you an opportunity to develop unique solutions, therefore you may discover possibilities that you had not previously considered.
It is a good idea to think carefully about how a solution will be implemented. Discuss all the specific details, for example when something needs to happen and how that action will be performed, remember that you control the outcome the mediator will not decide what happens or pressure you into an agreement you don’t want.
You can end the process at any time but give it a chance you may be surprised to find that you and the other party can find solutions that you never anticipated.
What Happens If There Is An Agreement
When you reach an agreement it can be written down, the mediator may record points of agreement. make sure the written document includes every detail of your solution. It should also state what happens if it isn’t followed, when both parties sign it may become binding do not sign the agreement if there’s something you don’t understand.
What If There Is No Agreement
While mediation may help you reach a better understanding of the situation between you and the other person, it does not always result in an agreement, if you don’t reach an agreement on some or all of the issues you don’t lose any rights you can still have your conflict resolved through the court, because mediation is confidential the court will not consider what was said at mediation.
How To Prepare And Participate In Mediation – Final Thoughts
While the thought of participating in mediation can be daunting, remember that the mediator is there to assist you through a challenging time. In summary, keep the following four points in mind when preparing, this will assist you in participating effectively and getting the most out of your mediation.
- Before mediation, take some time to prepare by considering what you want to discuss.
- When you participate, keep an open mind.
- Look for creative solutions to your conflict.
- The mediator will help you communicate but will not force you to agree to anything.
You may also be interested in our article on The Mediation Process in South Africa.
If you have any questions reach out to us – we’re here to help.
Article source: Maryland Courts