You and your lawyer will be there. If you feel that you need to consult with your spouse, parent or other person before agreeing to settle your case, you should also have that person present in person at the mediation instead of being reachable by phone. The purpose of this article is to familiarize you with the process and prepare you for an upcoming mediation. Dispute resolution is an important requirement in international trade, including negotiations, mediation, arbitration and litigation.  [full citation required] Mediation involves using a neutral third party, called a mediator, who works with each party in a lawsuit to reach a compromise before going to court. The mediator helps the parties find a compromise. The mediator is neutral and is not on anyone`s side. The mediator points out the problems in the case or the weaknesses and benefits of the settlement. However, no party can be forced to settle. Tip #8: Make a good opening statement. At the beginning of the mediation, your opening speech should be convincing, but not cross the line offensively. If the delivery is so corrosive that even the mediator feels uncomfortable, the lawyer must mitigate it. Lawyers should stick to the facts of the case and not talk about the experience or related skills of the legal counsel.
If an expert makes remarks in the opening statement, he or she should present himself or herself as a university professor, not as an opponent. Lawyers sometimes miss the mark when it comes to good communication when opening a mediation. Often, after their opening remarks, plaintiffs` lawyers spend the rest of the time in the joint conference before caucus thinking about a possible rebuttal if they listened carefully to the other party. The phrase “we are here in good faith” has become such a cliché that it no longer means much. The mediator is likely to consider how the opposing parties react when a lawyer makes his statement. Usually, a lawyer`s client will love it, but the mediator can see if the other party is agitating or sharing notes. The audience for your opening statement is the decision-maker on the other side, not the mediator. The best statements are informal and are addressed to the opposing decision-maker, such as “the only chance I have to talk to you informally”. It`s okay to involve your customers to say something if they want to, as long as you believe it will be productive. There is no need to repeat the same legal arguments that the other party has heard 10 times before. Among the best statements, there is a new “lightning bolt” and it is used as an act of opening the trial. Images can be effective.
Be careful never to threaten an opposing party with criminal penalties, as this is likely a second-degree crime according to Fla. Stat. § 836.05. A defense lawyer must respond to the plaintiff`s statement with more than a short “We disagree,” otherwise it will create an imbalance. The opening statement should be longer if the mediation takes place at an early stage of the case and shorter if the mediation takes place later in the case. Although the opening statement may be long forgotten, it is very important to put the negotiations on the right track. The mediator will probably ask you how you are doing right now. You need to be prepared to tell the mediator what pain, discomfort, and physical problems you still have. You should be prepared to explain how your current work, household, family and leisure activities will be affected, if any, by the injuries you suffered in the accident. Above all, you should think realistically about what a group of strangers is likely to determine as your harm when you go to court, rather than thinking about what you hope or want to receive. Tip #7: Define the trading points.
The day before the mediation, lawyers must create a table with a starting point, an end point and a reserve point. Make sure you know your fees and costs to date. In the figure above, when the case was valued at $175,000, your starting point could be $1 million, your goal $300,000, and your reserve $175,000. A central goal of mediation will be to make the other party believe that your target point is actually your reserve point. A positive area of negotiation is when the plaintiff`s reserve overlaps with the defendant`s reserve (for example, the less the plaintiff would take is $175,000 and the highest the defendant would pay is $250,000). Unfortunately, this does not happen often. Usually, there is a negative trading area, and if it is large, it is unlikely that the matter will be resolved. If the deficit in the negotiating area is small, the parties must decide whether it is better to move the reserve a small amount than to pursue a legal dispute.
When you come to mediation, you may be wondering if you have really pulled the other party into their reserve, but only the mediator knows. If you think the other party can do better, your negotiation points before mediation should be your signal to leave. In simpler terms, the question of when to leave is whether the outcome of mediation would be worse than continuing the process. In the TV show “Pawn Stars,” employees of a high-end Las Vegas pawnshop are experienced negotiators who stick to their final number and leave plenty of room for profit, even if customers demand more. Although more than half of all transactions fail, owners have a successful trade because they stick to their trading points. In fact, employees keep an eye on their profit percentages and position themselves as negotiators in the company from top to bottom. Similarly, in mediation, it is advisable to set your trading points the day before and be ready to leave if the other party expects you to go beyond your reservation. Tip #13: Know when to pass the reserve. As mentioned earlier, a party must come to mediation with a bib number, a destination point and a reservation (the lowest number to accept or the highest amount to pay).
As there is a negative negotiation zone in most mediations, at the end of the day a party will be forced to leave or go through the reserve. People go beyond their reserve all the time because most cases are settled in mediation despite a negative negotiating area, but it`s not an easy decision. To help your client decide, you need to consider their risk tolerance. Some customers hear that their chances of winning are less than 50% and are seriously scared, while others are inspired by the challenge (remember Jim Carrey`s famous phrase in Dumb & Dumber: “Then you say there`s a chance!”) Some have the stomach to do difficult business, and others don`t. In fact, haggling is much more common in some parts of the world than in others: according to one source, 75 percent of Americans pay the fixed price for goods without negotiating, while in Israel only 11 percent pay the fixed price. .