A business or employment law dispute can oftentimes be resolved without litigation. In fact, many business agreements and employment contracts specify that the parties have to engage in mediation or arbitration before additional legal action can be taken. That then begs the question how do you go about preparing for mediation? Here are a few steps that you can take to position yourself for successful negotiations:
- Determine whether there are gaps in information that need to be filled in order to ensure adequate talks. In many instances, the parties come to the table without the knowledge that they need to make informed decisions and adequately negotiate. So, before you sit down for mediation, make sure that you have all of the information that you need from the other side.
- Be armed with legal arguments that support your position. Even though you’re not in court during a mediation, you still need to be persuasive. Therefore, it’s wise to have strong justifications for your requests and why the other side should be willing to move from its position.
- Send a confidential statement to the mediator beforehand so that he or she knows your position and what your strategies will be if your case heads to litigation.
- Conduct a thorough litigation risk assessment. Here, you have to look at the facts at hand and consider what you need, what you want, and the amount of risk you’re willing to take if mediation fails.
Secure the help you need for a successful mediation
Not all mediations are successful. But by thoroughly preparing your case, your arguments, and your overall legal strategy, you can walk into the mediation room confident that you know where you stand when you’re willing to walk away. An attorney who is experienced in these matters can help guide you through the process so that you know exactly what to expect.