Mediation can often serve to resolve disputes amicably; with parties agreeing to compromise their rights in order to avoid litigation. While settlement is possible through Mediation, reaching one isn’t something that happens automatically; planning ahead can ensure you arrive prepared for mediation sessions. Experienced Spanish-speaking Attorney/Mediators in Houston provide mediation and arbitration. Spanish speaking mediator in Houston Texas ability to speak fluent Spanish enables them to converse easily with parties involved and discuss all aspects of mediation in Spanish is unparalleled.
Here, we offer some suggestions:
Identify your key interests in the dispute
Not only should your claims take priority, but you should also identify other elements of importance, such as avoiding negative publicity or maintaining long-term relationships with your business. Once these larger interests have been established, devise a plan for how best to negotiate an agreement that meets them.
Be ready to make the first offer
Research has demonstrated that those who make the initial offer in negotiations tend to be happier with the final agreement than those who accept. This phenomenon is known as anchoring; initial offers set the scope of negotiations in motion. Don’t pass up this chance to present your first offer!
Reality check your case
Speak to your lawyer about what the chances are if your case goes to court; use this knowledge during Mediation in deciding upon settlement conditions.
Obtain an estimate of the costs of litigation
Request an estimated cost estimate from your attorney when initiating litigation. Litigation expenses can quickly add up when unresolved cases don’t settle quickly, so be sure to account for their liability during Mediation sessions and determine their amount as soon as possible.
Say something at the plenary session
Many lawyers speak during mediation proceedings; however, parties often find it more effective if both directly present their positions prior to mediation. When making your presentations make sure to focus on what are most crucial from your point of view and express any emotions (sadness anger sadness etc) which arise in the moment – this allows your adversary to better comprehend you while shifting the dialogue forward.
Check there isn’t anything preventing you from committing to a deal at the Mediation
If you need funds for an opposing party, make arrangements in advance and bring proof of funding with you when attending Mediation. Be sure to settle on terms which will provide realistic resolution of the conflict for both sides – not at a level which provides maximum possible resolution for your business. If legal advice regarding possible settlement is necessary prior to going in for Mediation.
Be ready to talk to your counterparty face to face
Most parties find this idea unnerving, yet it could be instrumental in breaking through an impasse. Take time to assess what actions could be taken within a particular scenario as well as what words or statements would best express your position.
Think about how you will present your position
Make demands without providing sufficient justification can often prove futile; to increase the chance that your request will be accepted more readily, try outlining your demands in greater detail so the other party understands why you want something.
Treat the Mediator as a colleague
Communication between you and a Mediator remains confidential and cannot be revealed to your opponent. Feel free to express yourself freely when speaking to your Mediator; use him/her as an objective source of advice about how best to settle the dispute.
Reviewing What Happens in the Mediation Process
Before beginning mediation it is vital for both parties involved to fully understand its purpose and process. Mediation offers you both an opportunity to meet with a neutral third-party to negotiate and agree upon terms for your divorce settlement agreement. Mediation doesn’t need to be stressful!
By working with a mediator, you are able to successfully negotiate every aspect of a divorce – from property division and visitation rights, child custody issues and child support agreements – without incurring court costs and giving both spouses more control over how their final outcomes.
Your mediator should provide an outline of the mediation process and what should be expected of both of you during it. Furthermore, they should be available to answer any queries about mediation such as how long it can take or which issues are usually discussed through this form of service.