We are continuing the second part of the series of mediation hints and tips. In the last post we looked at five clues to identifying the right time to mediate – here are five more.
6. Your client wants his day in court
… or the other side keep telling you that their client does. At mediation clients get a better hearing. They are given ample opportunity to be heard and acknowledged. They are better involved at a mediation than at trial where they often feel sidelined.
7. The other side need a reality test
You can see a benefit in having a neutral mediator test out the other side’s case in private so that they might revise their perception of risk.
8. You want to speak to your opponent
You see a real benefit in talking directly and constructively to the other side in a safe and managed environment which is without prejudice. Being in the same building means you can get a lot more talking done.
9. You want to explore options
You can see a real benefit in exploring properly and safely what concessions the other side might be willing to make (notwithstanding their intransigence).
10. Your client has really got the bit between the teeth and is beginning to lose perspective.
He sees conspiracy round every corner. His sees his opponent as unprincipled and dishonest. In mediation both sides can be brought together in a safe environment to get beyond this, reach a settlement and get on with their lives.
The use of mediation is a real skill but the more you use it and understand it the better you will get at deploying it. Hopefully the 10 tips above will help you recognise the right moment.
If you want to speak to any of our expert mediators for a confidential no-obligation chat to see if your case is ready for mediation call us now on 0844 879 3166.