Even when a case fails to reach a settlement through mediation, the parties should learn the strengths and weaknesses of their respective positions as a result of the mediation process, and sometimes they can settle the case themselves after mediation has been completed.
Please review our Tips for a Successful Mediation to help you through the process. And of course please contact us if you think we can help.
1. Prepare, prepare, prepare. Although mediation is not a formal proceeding such as a trial or hearing, participants should know their claims or defenses and their evidence before the joint session of mediation. If you present your arguments well (and present them tactfully), you may convince your opponent that settlement will be their best option.
2. Bring any valuable documents to the mediation, or if the mediation is remote, send them to Mr. Banov before the mediation. While there is no need to produce any such evidence, Mr. Banov may find it valuable to remind the other side of any good arguments you present.
3. Be polite and tactful. Mediation is war by other means. Leave your litigation weapons behind you. You can always use them in your court case or EEOC case. Honey works better than vinegar!
4. Be flexible with your demands. Take-it-or-leave it demands or offers are hardly ever successful. At the end of each private conference with a party in mediation, Mr. Banov advises them, "Be flexible."
5. Mediation is most successful when the parties listen to each other, make honest appraisals of their own chances of success, and make a good faith effort to reach a fair and reasonable resolution.
If you have a dispute with your employer or an employee and want to resolve it without litigation, or during litigation, you can contact Mr. Banov before the case is filed in court or with an administrative agency such as the Equal Employment Opportunity Commission (EEOC) or a local human rights agency. You can also engage in mediation while the case is at an agency or in court.
Review our Tips for a Successful Mediation
If you are seeking mediation, call Mr. Banov at 301-588-9699 or email him at abanov@banovlaw.com for a free consultation on the phone. Discuss your case with him and he will advise you how much he will charge for his services and how to engage him to mediate your case.