Three Crucial Strategies for a Successful Mediation
August 12, 2024
The lawyers at Frank Shuster of Constangy Brooks Smith & Prophete LLP have published some useful reminders and key rules for navigating mediation successfully:
- Settlement is Not Surrender
Approach mediation with the mindset that a settlement is not a defeat. A mediated agreement means both sides gain something, though neither may feel entirely triumphant. Expecting the plaintiff to fully concede can undermine your chances. View mediation as an opportunity to resolve disputes pragmatically.
- Define Your Victory
Before entering mediation, clearly define what success looks like for you. This might involve negotiating a lower settlement, reducing potential damages, or avoiding disruptions to business operations. Success could also encompass avoiding negative publicity or preserving employee morale. Having a clear understanding of your goals will help you achieve them during mediation.
- Seize the Opportunity
When the mediator presents a settlement that aligns with your defined victory, seize the opportunity. Avoid hesitation or overreaching, even if you sense potential advantages. Delaying or pushing too hard could jeopardize the settlement. If the offer meets your pre-defined criteria, accepting it promptly is often the best course of action.
Although not every case will settle through mediation, following these strategies can improve your chances of reaching a favorable resolution when mediation is part of the process.
To read more about Frank Shuster’s insights on mediation, click here.
To read how CASTAYBERT PLLC can assist you with Mediation matters, click here.
