Privacy, Business and Law

It is almost always helpful for both sides to prepare position statements (sometimes referred to as “mediation briefs”) to submit to the mediator in advance of the mediation. A common question is whether these statements should be given in confidence to the mediator or served on the other parties. It is usually preferable to share mediation statements with the other side. The mediator does not make the decision. The goal is to convince the other side that a settlement is in their best interest. Parties to mediations are often called upon to speak their minds, often directly to the other parties. This is not a mandatory requirement, but it often helps the parties understand things about the dispute that can assist in resolving the conflict. Do not prepare a speech. Do be prepared to speak your mind, and to listen.