Strategies to Encourage an Effective and Efficient Mediation

The preparation of the parties prior to a mediation sets the tone for a productive and efficient mediation. When the proper information regarding the issues to be discussed have not been exchanged by the parties prior to the date of the mediation, the resolution of issues can be delayed. In order to ensure your time at mediation is most effective, the following should be considered well in advance.

Document Exchange – Ensuring that the proper documents are provided to the opposing party well in advance of the mediation is an effective tool to make sure all parties have had the opportunity to evaluate their position prior to the mediation. This would include expert reports and/or presentation of damages that will be referenced during the mediation. When these documents are not exchanged before the mediation begins, it usually results in a delay of the process and prevents a meaningful and productive settlement discussion. This could cause a delay during the mediation, or potentially require the mediation to be rescheduled.

It is also beneficial to evaluate whether or not the mediator should be provided any relevant documentation or summaries prior to the mediation process. While some parties prefer the mediator to be learning the facts of the case for the first time during the opening statements, some cases with more complex facts or legal issues may benefit from information being shared with the mediator prior to the mediation beginning to streamline the issues to be discussed during the process.

Opening Presentation – An opening presentation in mediation is a unique opportunity for the parties to hear the other side’s position directly from them prior to a trial. A well prepared presentation outlines the disputes at issue providing a road map of the issues to be discussed during the mediation process. An effective opening presentation could include a powerpoint presentation, photographs, or highlighting important documents relevant to the dispute.

Negotiation Strategies – While there are many negotiation strategies utilized during the mediation process, truly listening to the other party’s position is a necessary component for any productive mediation. While there is always a difference of opinion between the parties, being respectful of the participants throughout the mediation process builds cooperation and the foundation for a successful settlement.

Mediation Settlement Agreement – It is imperative that each component of the settlement is discussed and outlined in a written agreement prior to the completion of the mediation. This prevents any misunderstanding regarding the exact terms of the settlement.

Contact Florida Dispute Resolution, LLC

Contact Florida Dispute Resolution, LLC today to schedule your next mediation by emailing us at , or calling us at 954-416-8816. Our calendar is also included on our website and updated in real time to assist in a seamless scheduling process.