How Can You Convince Your Client To Mediate?

The court system faces significant delays in processing civil cases, with small claims taking an average of 51 weeks in year to reach a hearing. This excess is expected to be longer for more complex and higher-value cases. There is no immediate solution proposed within the court system to accelerate  Case Progression, there is a growing focus on alternative dispute resolution, such as mediation that is a means of settling cases outside of court. There are challenges, as some cases may not be suitable for negotiation alone, and parties may have specific issues that do not fit traditional settlement methods. So in this situation, mediation appears as a valuable solution that allowing parties to customize their own settlements. Many lawyers recognize the benefits of mediation but only for those who are unsure, it's important to emphasize the flexibility, control, and potential for timely resolution that mediation offers in dispute resolution.

Compulsion

The government proposed that mediation should be required for all small claims and also discussions about making it mandatory for higher-value claims as well because mediated settlement offers the best hope of reaching the higher ground of resolution. The importance of trying to solve problems outside of court is emphasized in the civil procedure rules and related documents.  It’s uncertain whether making mediation compulsory will be effective in a system that has always been based on voluntary participation.

How convince the other party that mediation is a good thing for both of us?

When people want to mediate with others sometimes, they used to have a good relationship with them. But as the disagreement goes on, both sides stop trusting each other and may not want to listen or consider doing what the other side suggests. So asking is more effective then telling, so some helpful questions ask to the party you want to think about come to the table. These questions are:

• If we don’t go to mediation then tell me how we can to sort this out?
• Tell us what about your concerns?
• What would help alleviate your concerns?

Can the mediator make someone mediate?

Most mediators avoid contacting one party on behalf of the other to propose mediation, as it's important for the mediator to remain unbiased to all parties that involved. Mediation organization may reach out to a party to inform them of the invitation to mediation and offer a selection of mediators. The organization cannot provide advice on the strengths of the case or suggest alternatives to mediation.

Advice for Clients in Mediation

Be Prepared

The three keys to success in any endeavor are preparation, preparation and preparation. Mediation is no different so the best prepared party usually gets the best result. 
Research your facts
 Create timelines
Organize your documents
Be ready to present your case in conclusion form. The goal all of this is to convince the other side that you have a strong case.

Document Your File

Think like a lawyer all of your employees to do the same. A well-documented file enables your attorney to quickly and accurately determine risk and fault. For doing this it will also make your attorney’s job easier and should reduce legal fees.
Have the Right Representatives Present.
It’s not uncommon in construction disputes to have laborers, foremen, managers and decision makers present at mediation. Consider having them attend the mediation. And also sure about that it sends to someone with authority to settle the dispute.

Have Thick Skin

Here are wild ranges of emotions the parties often experiences a wide range of emotions during mediation. You should be able to take it as well as you give it.

Be Patient.

Mediation is a process, and one that takes time. Not have any shortcuts, so let the process work for you. Be prepared to commit an entire day to mediation. The time, money and energy parties invest in the process, the more they’re motivated to reach a resolution.

Benefits

• Cost-Effective Resolution: 
• Control and Flexibility: 
• Confidentiality: 
• Preservation of Relationships
• Timely Resolution:
• Professional: