Parties are increasingly turning to mediation to solve legal disputes, and it is easy to see why. A mediation attorney in Gonzales, LA offers an opportunity to settle disputes without the hassle and expense of litigation. Below are some tips to make mediation efforts as successful as possible.
Be Ready to Listen
To negotiate properly, parties must listen to the other person’s concerns and learn what options are available. Even if mediation does not end in a settlement, the process can help both sides and their lawyers gain insights that can be beneficial at trial.
Use the Evidence
Withholding evidence that is detrimental to opponents is a highly overrated strategy. In most cases, evidence is better utilized than held back for later use. Parties can share the information with the mediator on a confidential basis to help in an assessment of both sides’ positions.
Be Patient
While mediation is an efficient method of dispute resolution, it can take time. In complex cases, it can last for days or even weeks. Parties should be patient and prepare for long sessions. Get a free initial consultation to learn more about the mediation process.
Listen to the Mediator’s Proposals
Proposals are a technique used by many mediators, especially after hours of unsuccessful negotiations. Generally, a mediator makes a proposal by choosing a specific settlement amount. Each side is confidentially asked to accept the settlement, and if both agree, the case is over. However, if either side disagrees, a trial may be necessary.
Think of Non-Monetary Items
Clients should consider non-monetary terms that may be important to the settlement, and they should decide when to use those terms in the negotiations. For instance, in an employment law case, an employer may demand a provision prohibiting the disclosure of the settlement’s terms. Conversely, the plaintiff may demand a letter of reference, or put limits on what the former employer can say about them.
Mediation is typically a last resort before legal action, and it is the final opportunity for a mediation attorney in Gonzales, LA to exercise any level of creativity. When both sides use mediation to its fullest potential, they can reap the benefits in terms of money, time and reassurance.