Parties are increasingly turning away from the expensive, lengthy and contentious nature of litigation and turning to civil mediation in Fort Smith Arkansas. Joseph C. Self in Fort Smith Arkansas has helped parties involved in a variety of disputes work out their differences without the intervention of the court. Some strategies that can help the parties make the most of their mediation experience include:
Prepare, Prepare, Prepare
Although parties involved in civil mediation may not ever have to go to court, they must be prepared as if they will. It is important that before mediation the parties take the necessary time to gather documents, contracts and other evidence that support their version of events. Having this information available during mediation can help convince the other side of the prudence of settling the claim.
Participate in the Process
Mediation is much different than litigation. Its success depends largely on the parties’ willingness to fully participate in the process. Mediation is not the time for silence. Instead, it requires the parties to remain actively engaged throughout the entire process. Joseph C. Self is skilled at getting parties to fully engage the process, ensuring that the parties’ ideas are heard and considered. Mediation also allows them to propose possible ways to resolve their claim that might not be available through a court order, whether through financial negotiation or considering other terms or solutions.
Understand the Alternative
In many cases, the worst possible outcome is to go to court and to lose the case. The parties should carefully consider the potential consequences of not settling the case in mediation. This may include negative publicity, the loss of an important client relationship, sizable funds expended to litigate the case or being made to pay out financial compensation to the other party. Knowing these potential ramifications often convinces the parties of their need to settle the case in a way that will provide certain results rather than marching toward an uncertain conclusion in court.