As readers of this blog know, mediation can be a faster, cheaper and more cooperative way of settling conflicts than litigation. However, mediation also requires preparation and planning to ensure a successful outcome. Here are some tips for Kentucky business owners who are considering or facing mediation.
Choose a qualified mediator
The mediator should have experience and training in the type of dispute you are dealing with, as well as knowledge of the relevant laws and regulations. Kentucky courts maintain a list of certified mediators throughout the state, including Lexington and Louisville.
Gather and organize your documents
You should have all of the relevant information and evidence that supports your position and interests in the dispute. This may include contracts, invoices, receipts, emails, letters, reports, financial statements, etc. You should also review the documents provided by the other party and identify any gaps or inconsistencies.
Identify your goals and interests
You should have a clear idea of what you want to achieve from the mediation and why. You should also try to understand the goals and interests of the other party and how they differ from yours. This will help you to find common ground and potential solutions that satisfy both sides.
Prepare your opening statement
You should prepare a brief and concise statement that summarizes your position and interests in the dispute, as well as your expectations and willingness to participate in the mediation. You should avoid blaming or attacking the other party. Instead, focus on the facts and issues that need to be resolved.
Be flexible and respectful
You should approach mediation with an open mind and a cooperative attitude. You should listen actively and empathetically to the other party and the mediator and avoid interrupting or arguing. You should also be willing to explore different options and alternatives that may not be your first choice but may still meet your needs and interests.