Sometimes preparation is the hardest place to start. When a person is in the throws of a dispute/conflict the last thing they can think about it what is important as far as the case is involved. So always…more is better. Bring in everything that you may think pertains to the dispute. And then bring in information that you are not sure if it pertains to the case.  We have listed some very easy ways to start collecting your information. There are many other pieces of information that are necessary. (See our Dispute Resolution Workbook Kit for a full layout).

The point here is just to get started. As you move forward other bits and pieces will come forward in your thinking process. Once you have begun to gather everything, put it in some sort of order. Some information will be put in chorological order and some information will be supplied as supporting documentation. You will be able to tell this more once you begin the process. The most important part of this procedure is to “begin.”

Start with:

What information I should bring to help resolve my case?

This is actually an easy part. This is information you usually already have on hand.

Some information pertinent to a case may be:

·         Any contract or written agreement

·         Any amendments to the contract or written agreement

·         Pictures of the situation if it is physical

·         Documentation of conversations in person or on the phone

·         Documentation of bills/receipts

·         Documentation of emails

·         A written timeline of events (this is one that you will do over a period of time. Start with what you remember. Put it aside and continue to come back to it to refresh and add to as it comes back to you. Make sure you name people not just he or she said…)

 
Part of mediation is that all of this information will be shown to the opposing side the same as in a court case. Therefore, you will also be able to see all of the information the other side has as well.

 
What should I be looking for in negotiating my side?

 
Much will depend on what it is you are looking for in a resolution. The best way to decide how you will negotiate your mediation is to decide before you enter into the mediation what it is that you really wish to get out of this mediation. Actually write this dispute up, talk with someone you trust to help you lay out all of the facts, figures and pitfalls. Then lay out several situations you could live with. For example, maybe you want a monetary resolution, but you know that is not going to happen. So what about taking a service or product in trade? Or maybe you can decide terms of payment. Just keep looking outside the box for answers. Also look at what the other side may be wanting. What is this disagreement really about? When you know this you can make more productive decisions. This could definitely help you decide how you want to proceed.

The important thing to remember is that this is to be as close to a win/win situation as possible. It is important to look at the relationship of the opposing party. If this is someone you really do respect and just have had a difference of opinion that could not be settled between the two of you, now is the time to negotiate an outcome that both will feel good about. Also remember: just because someone puts an offer on the table does not mean you have to take it. This is only the beginning not the final decision. You actually have three choices:

1. You can accept the offer

 

2. Your can reject the offer

 

3. You can make another offer  

Mediation allows you the ability to talk and propose many types of solutions. Use this to help you get most of what you want and to help the other side also get the most of what they want. This way everyone walks away knowing they have been heard and their position respected.

Email: MoreInfo@SJGmediation.com
Phone: (760) 851-9400