Mediation is aimed at finding an agreement.
An agreement must be accepted by all parties.
Each party must find some satisfaction in it.
Are you prepared to give some satisfaction to the other party?
Or would you rather try to force the other party to do what they do not want to do?
Is it more important for you to be right, or to achieve the best possible economic result?
Do you want to earn money or make the other party lose some?
In facilitative mediation, the mediator only facilitates communication between the parties in order to help them to find by themselves the solution that suits them best. This is the method used by most mediators.
The reason is simple: it is what works best. If the mediator has to recommend a solution, he/she will do so according to his/her own values which will be different from those of the parties; Therefore his/her recommendations may not suit them.
If the parties wish to use evaluative mediation, just ask us and we will modify our standard mediation contract accordingly.
It may also be the case when, at the end of a mediation, the parties are blocked. They wish that the mediator help them out by giving them a recommendation.
In this case, we shall make a proposal to you, but only if all the parties expressly ask us to do so.
Depending on the mediator and the case, you may be asked to prepare files, notes, explanations, etc. Be sure to prepare these documents carefully.
If the mediator does not request anything from you, it is still important to prepare the necessary files, notes etc…
It is critical to ask yourself the following questions and express clear and precise answers :
- What really matters to me / my business / my client ?
- What really matters to the others ?
- Can we identify ways to best satisfy what really matters to both parties ?
- What will happen to me / my business / my client if there is no agreement ?
- What will happen to the others if there is no agreement ?
Please be aware that, if you are in a contentious situation, what matters to you today can be very different from what mattered to you at the time of the facts or at the time of introduction of the procedure. Concentrate on what matters today.