Mediation can be a difficult process for all parties involved. However, with the help of a great mediator, all parties should be able to come to an agreement. With this being said, mediators can only do so much and it is largely up to those involved to reach a resolution. In order to give yourself the best chances of settlement, you should avoid these common mistakes during mediation in Kamloops. Follow along below to learn more.
Mistakes to Avoid During Mediation in Kamloops
- Not Preparing for the Mediation
One of the biggest mistakes that you can make, is not preparing for your mediation. Before mediation, it is crucial that clients spend time preparing with their lawyer. During this time, they should go over key details like the costs and benefits of the case. It is also beneficial to come up with a strategy for how to get your ideal outcome. Furthermore, a lawyer should prepare their client for what to expect and what could happen if mediation is unsuccessful.
- A Deadlock in Negotiation
Negotiation can quickly come to a stalemate during mediation. This usually happens for one of three reasons:
- Nobody wants to make the first offer;
- A party makes an inadequate offer and refuses to move from their position;
- Both parties have made offers but neither wants to move forward
In case A, mediators will usually assure the parties that making a thoughtful first offer can be a powerful and advantageous move. If you make the first offer, it is important that it is within a reasonable range of where you are willing to settle.
As for case B, a mediator may try and resolve this issue by holding a private session with the party and their lawyer to get a better understanding of where they are coming from. Oftentimes, this happens when the party has not come to mediation with the intention of settling.
Finally, in case C, a mediator may hold private sessions with both parties to consider how they may go forward. Or, the mediator may suggest a break or other incentives for the parties to settle.
Contact Us Today
For more information about common obstacles in mediation and how they can be overcome, contact us today. We’d be happy to help you gain a better understanding of how mediation in Kamloops works. For additional support and resources, check out our Facebook and YouTube.
We look forward to assisting you in the mediation process.
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