How Does Negotiating Occur in a Mediation?


Mediation offers many benefits for business owners engaged in legal disputes and interested in negotiating. While it is often tempting to head straight for the courtroom—and especially if there is a more adversarial scenario—sometimes the relaxed setting of mediation is the best way to go. Litigation has its place in settling many serious issues for business owners and others, but mediation and goals for a more proactive outcome from all parties involved. This requires great motivation, however, as everyone involved must focus on what is important and come together to make an agreement. When proceedings are progressing along in a positive manner, mediation may be completed sometimes in just a matter of hours, or perhaps a few days—but in comparison to a courtroom scenario, much time, effort, and even money can be saved.

In most cases, mediation promotes successful negotiation, with the mediator acting as a completely neutral party. They do, however, encourage cooperation as well as intervene at times regarding communications that could be misunderstood or need further clarification. Mediators may also take the time to ask questions of both parties while at the negotiation table, striving to see that everyone digs deep to understand where the other side is coming from—and perhaps even empathize and sympathize with the other party. This can lead to not only a faster agreement and settlement, but it may also preserve a working relationship that could have been forged years ago and is valuable to everyone.

For most parties involved in a mediation and negotiation, the process runs smoother when everyone has information. This means that each side should have as clear an understanding as possible about the dispute and know basically what it is that the other party wants. For business owners, mediation is usually agreed on by all involved because they are motivated to find a solution. Numerous elements are usually required for a successful experience in mediation though, from each party offering respect to each other and a willingness to listen, as well as demonstrating what can be extreme patience in focusing on reaching a settlement, and looking beyond the emotional aspects of the dispute.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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