Making Mediation Work in Difficult Times

Lawyer talking to his clientsIn a company or business, you sometimes cannot avoid misunderstandings and arguments. Sometimes, these disagreements can be so extensive that they need to go court. In such a situation, the arbitrators at Littleton Alternative Dispute Resolution, Inc. suggest that the best way is to convince the other party that mediation-arbitration services is a more sensible option. Here are tips on how to get an opponent to mediate.

Confirm the reluctance

You should not assume that your opponent is opposed to mediation. Communicate and state your willingness to try mediation. List some of the reasons why you think mediation is a good option. However, don’t try to persuade or threaten the other party.

Get some help

You can approach a recalcitrant person indirectly. First, find an organization that offers mediation and arbitration services that suit your dispute. The organization can then extend an invitation to the hesitant party. The trained mediators can also answer any questions the other party may have about the processes and benefits of mediation.

Highlight the advantages of mediation.

Most people are willing to move their disputes to mediation once they understand what they stand to gain from the process. If your opponent doesn’t respond to the invitation to mediate, some prodding may be essential. Ask an impartial outsider to make a presentation on the distinct benefits of mediation.

Be patient

People are usually keen on going to court because they are angry or want to prove other parties “wrong.” Don’t talk about dispute resolution options when emotions are still highly charged. Instead, wait a few days or even weeks. The other party is then more likely to be willing to consider other options more sensibly, calmly and openly.

Not everyone understands the benefits of alternative dispute resolution processes. The person you have a dispute with may not immediately agree to come to the mediation table. The party may need more information about mediation and how the process meets her needs. She may also require some time to appreciate all that’s involved in having one’s day in court.