Ready for Mediation?
Here are some guiding questions for you.
The more yes's you can give, the more likely that mediation is right for you now.
Preconditions that point to a successful process:-
Are both parties to the dispute willing to take part?
Do you enter the process ready to be open and honest?
Do you enter the process genuinely seeking settlement?
Are you willing to work co-operatively with the other party to find a fair solution?
Do you have authority to settle?
Are you prepared to find a legally binding settlement?
How well prepared are you for finding fair settlement on the day:-
Have you prepared your own arguments thoroughly?
Are you aware of any possible weaknesses in your argument?
Have you anticipated what arguments the other party will offer?
Have you identified the key strengths of their argument?
Have you identified their key weaknesses?
Are you clear of what underlying interests are most important to you?
Do you understand why you have failed to reach agreement already?
Do you know what laws apply to the dispute?
Are you clear on the legal strengths and weaknesses of your argument?
Have you identified the range of alternative approaches to finding agreement if it isn’t achieved under mediation?
If agreement isn't achieved under mediation, of all the alternative approaches, have you identified which one serves your interests best?
Have you calculated the best alternative value that can be achieved if agreement is not reached under mediation?
Based on above, have you estimated a "reserve value" at which you may be indifferent to reaching agreement at mediation?
Shared motivations that are likely to support mediation as the right choice for you now:-
Is the confidentiality that comes with mediation a positive?
Do you want early resolution to prevent further escalation of the dispute?
Do you want to avoid risks that can be associated with pursuit of settlement through litigation?
Do you attach importance to being able to have a relationship in future as colleagues, family, or business associates?
If the other party isn't talking, I can help to bring them into the conversation.