FINDING A RESOLUTION
(Jun. 11, 2019) — Successful lawyers are all about mediation. Keep reading for 5 essential ways mediation works for lawyers.
Mediation has an average success rate of 80% to settle cases in the United States.
If you’re looking to settle a case, mediation may be the right option for you. In fact, most successful lawyers will recommend negotiation to avoid litigation.
To help you understand how and why it works, we’ve gathered a list of five ways meditation works for lawyers.
Keep reading to learn more about mediation strategies.
What is Mediation?
Mediation is a negotiation between two parties which is facilitated by a third, neutral party. The goal is for the two parties to come to an agreement that is legal and fair.
In business mediation, the two parties may be members of different companies, or it could be two individuals within a company who are having a dispute.
Because of how complex business law is, it’s important to have the right lawyer for this type of mediation.
Ways Mediation Works for Lawyers
Now that you have a good understanding of what mediation is, let’s look at five of the ways it works for lawyers.
- Active Participation
The only way mediation will work is if all participants are active. This doesn’t necessarily mean everybody needs to speak, but everybody involved should at least be present and listening.
In many cases, the lawyers will do the majority of the speaking. They aren’t emotionally involved in the case which will allow them to only share necessary facts while avoiding emotional outbursts.
- It Builds a Deal
When entering into mediation, the most important thing to remember is that the goal isn’t to win. Instead, it’s to reach some type of resolution.
Throughout the process, be ready to build a deal that both parties can accept even if each isn’t getting exactly what they want.
- Mediation is Persuasive
Part of building that deal is to be persuasive. Your lawyer will use the art of persuasion to show the other party the merits of what you are proposing.
Whenever possible, the mutually-beneficial points should be most strongly focused on since these will also be seen as a positive by the other party.
- Work Past the Anger
In courtroom settings, there are two opposing sides and you end up fighting to win or avoid losing. This can bring up strong emotions about the initial incident that led to litigation in the first place.
Mediation, on the other hand, is a much calmer setting and gives you a chance to work through your emotions as you come to an agreement with the other party.
- Focus on Interests
Each party has interests or wants. The job of lawyers involved in any mediation process is to know what both parties’ interests are. Only then can they work to find a resolution that satisfies everyone.
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Now you know five ways mediation works for lawyers. As you can see, mediation offers a faster resolution without going through an expensive and lengthy litigation process.
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Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.