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Who is Preparing for Mediation for?

Each and every one of us is involved in disputes regularly – at home, at work, as consumers and as volunteers.  We tend to approach disputes from the perspective of If we can’t work it out, and I’m not willing to let you get away with what has occurred, I’ll take you to court, or, I’ll get even in some other way. 

In fact, there is a rich diversity of processes available to deal with disputes.  Each is particularly suited to achieve certain kinds of outcomes.  One of these processes, mediation, has wide application not only because outcomes are voluntary, but also because outcomes can be specially designed to meet the specific needs of each participant.  Generally, disputants who use mediation report high satisfaction with the process.   The fundamental assumption of Preparing for Mediation is that disputants who are prepared are even more likely to reach resolutions and be satisfied with the process.  Preparing for Mediation organizes preparation into logical and efficient steps that disputants and their lawyers can take.  Tools, in the form of Checklists and Tips, are provided for each step.  There is no need to embark on the dispute resolution journey without a map and a toolbox.

Even though Preparing for Mediation is designed to assist disputants who are preparing for mediation, mediation may not be the best dispute resolution process for your dispute at this time.  Chapter one is intended to help you, as a disputant, choose the dispute resolution process that makes sense for your dispute.  It is a resource for lawyers to use in explaining and distinguishing among dispute resolution processes for clients who come to them for assistance in resolving disputes.  As there are many processes and combinations of processes to choose from, the Process Selection checklist in Chapter one is designed to uncover the criteria that are important to apply when selecting the process.

Mediation is one of the most used dispute resolution processes.  Its principles are applied in conflicts between states, among corporations, and between spouses.  Chapters 2 through 10 are focused on preparation for mediation by disputants and by their attorneys.  Chapter 6, Analyzing the Dispute, Chapter 7, Key Skills, and Chapter 8, Gathering Data and Information, explain concepts and provide tools that can be used for any dispute resolution process.  If you are involved in a relationship dispute and have selected either collaborative law or mediation, especially if you are ‘uncoupling’, Preparing for Mediation gives objective information and tips about how to engage in either mediation or collaborative law effectively thereby reducing the anxiety that accompanies these kinds of disputes.

Lawyers who use this book will provide enhanced dispute resolution advocacy for their clients.  Disputants who use this book will experience an increased sense of control over the process as well as a greater satisfaction with the mediation process and its outcomes.

How to use this Book

Preparing for Mediation can be applied in its entirety to disputes or it may be used as a quick reference to review a specific aspect of preparing for dispute resolution.  Each chapter in Preparing for Mediation discusses specific tasks.  Although the tasks are arranged in a logical order, they need not be accomplished in the same order.  As each dispute is unique, which tasks are undertaken and how thoroughly each is completed, will vary.  Unlike a recipe, you need not follow every step exactly to achieve the desired result.  

Each chapter includes at least one checklist that facilitates the preliminary task that is reviewed.  Useful practice tips conclude every chapter.  These tips are intended to promote efficient and effective preparation.  You are also encouraged to think strategically.  Various strategic choices that can be made during preparation for mediation are identified.  The pros and cons of each choice are presented.

This book focuses on steps that disputants and their attorneys can perform.  It covers every aspect of preparation for the typical mediation in organizational, family, personal injury, insurance, buyer and seller, contract, wills and estates, elder care, child protection, commercial lease, human rights, malpractice, and employer/employee disputes.  Some types of preparation are beyond its scope.   Other ways to gain the extra edge are:

• attending negotiation, conflict resolution or mediation training courses and work shops;
• reading texts about principled negotiation and mediation; or
• hiring a mediator to guide rehearsals for the mediation.