Agree Inc.
  Agree Dispute Resolution
Leaders in Mediation, Arbitration, Training, Partnering, Facilitation, Coaching and Ombudsman
 
 
  Local (905)-627-5582 Toll Free 1-800-524-6967 
 
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The Dozen 'Do's' for Exploiting Mediation's Potential

    1. Talk to the mediator about what you need from them (as a professional) well in advance of the session
    2. Prepare client by doing a SWOT analysis
    3. Bring in important exhibits, documents
    4. Readily concede points that are of little consequence to you but are important to others
    5. Insist on decision makers with the necessary authority being present at the table
    6. Make sure all of the 'constituents' (defined as 'those who ought not to be surprised') are at the table
    7. Demonstrate an understanding of the other side's position and perspective in the joint session
    8. Acknowledge during the opening that all sides have their legal positions and that we will not be debating or arguing those but rather exploring settlement possibilities
    9. Exercise patience with the mediator and the mediation process. No two parties and/or lawyers negotiate at the same pace
    10. Avoid burning bridges or making gratuitous, unqualified statements that you or your client might later need to resile from
    11. Find what the other side values and deliver as much value in their terms as possible
    12. Be tenacious (hang in there!)

Published with permission from the International Academy of Mediators

If you want to bring a matter forward for mediation, simply call Agree and provide the particulars by phone.

 
General Information
A Lawyer's Mediation Guide
Mediation Procedures
Profile of Cases Suitable for Mediation
Mediation Presentations
Neutral Evaluations
Managing the Business of Families
The Top Fifteen Saboteurs of Mediation
The Dozen 'Do's' for Exploiting Mediation's Potential
 
Where Mediation can be Effective
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With Churches and Faith Communities
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