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Two tips for a successful mediation

Legal issues can arise in any area of life. A married couple may realize their marriage is no longer working and decide to move forward with a divorce. An employer may believe that an employee is failing to meet the obligations outlined in an employment contract. Whatever the legal issue, it is important for those who want to resolve the problem to know that these issues are more likely to move forward with a form of alternative dispute resolution as opposed to traditional litigation.

The days of heading to the courthouse for every legal issue that develops are gone. The legal world has evolved to encourage the parties to discuss their issues and develop a resolution. One popular means of achieving this goal is referred to as mediation.

What is mediation? This form of alternative dispute resolution essentially involves both parties negotiating a resolution with the help of a mediator.

The exact strategy for each situation will vary depending on the details of the legal issue. However, there are some common tips that can help better ensure success. Here are two examples:

  • Prepare. Prepare for mediation as if it were trial. Although you may not need exactly the same materials, you should gather everything needed to make a strong case. In many cases, mediation results in a final agreement. This means the case may never go to trial. Prepare to better ensure your side is strongly represented.
  • Present. In some cases, it is wise not just to present to the mediator, but to prepare the presentation of your case for the other side as well. After all, it is the other side who will decide whether to accept, reject or counter the offer outlined during the mediation process.

Although these tips are helpful, those who are navigating a legal issue are wise to seek legal counsel. An experienced attorney can help expand upon these tips, better ensuring a resolution that keeps your personal and professional interests thoroughly protected. 

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