There are a variety of mediation procedures and techniques which can be utilized to facilitate the resolution of a dispute whether in litigation or pre-litigation. Choosing the procedure and techniques most appropriate for each particular case is essential for an effective mediation.
The ability to keep the parties focused and engaged is another vital mediation skill which produces the best opportunity for a successful mediation. Typically, when a case is presented for mediation there are usually a number of issues which must be worked out in order to arrive at a complete settlement. The order in which the various issues are discussed is an important factor in obtaining a mediated settlement.
The atmosphere of a mediation effects the mindset of the parties and their representatives which effects their willingness to discuss the issues in a logical and meaningful manner. Most litigants enter a mediation near the end of litigation process and just before trial. Each party is usually in an adversarial mode and must be reminded of the practical, economical as well as legal consideration during a mediation.
Mediation allows the participants to control their own destiny.