1. MAINTAIN A POSITIVE ATTITUDE
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Most clients approach the mediation with an apprehensive and defensive attitude. This will be your demise in a successful mediation. Do not walk into the mediation “guns blazing” but instead be optimistic. A positive attitude will reflect to the other side that you are willing to keep an open mind with whatever may happen during the mediation. Being on the defense will only hinder negotiations and cause problematic issues.
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2. REMEMBER WHAT IS IMPORTANT
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The mediator is there to facilitate a negotiation for everyone’s best interest within the court rules. The mediator handles hundreds to thousand of mediations and has seen everything I’m sure. If you have a concern or a request that is what the mediator is there for. Your Arlington TX personal injury attorney will help guide you and the mediator within the court and applicable codes to help meet your need and/or request. Utilize your attorney and the mediator to gain the outcome that you would be happy with.
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3. MAKE SURE TO ARRIVE PREPARED
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You wouldn’t arrive to a job interview wearing pajamas? I’m sure you answered this question immediately in your head. Preparation is the key for having a successful mediation. Make sure you come prepared to negotiate with a list of items to discuss. If the mediation is for a divorce and the main issue has been the division of assets, a list of inventory and a proposed division would be helpful and possibly speed up the negotiation process. Meeting with your attorney a few days prior to the mediation is also helpful and nips any concerns you may have that can be resolved outside of the mediation.
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4. KEEP EMOTIONS OUT OF THE EQUATION
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Make sure to keep your emotions at bay. Be rational. Are you asking for things that would be considered disproportionate to a favorable outcome? Are you being fair and to what degree or is it centered from irrational emotion?
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By keeping all of the things in mind most likely you will come away from the mediation with success. Nothing is guaranteed but it’s certainly refreshing to know that you will not have to continue on with the proceeding if mediation is a success.
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Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into mediation.