*This is a guest blog written by Chamber Member, Wade Mitchell, of Wade Mitchell Mediation.*
Mediation – using a neutral third person to actively help the disputing parties reach a mutually agreeable resolution – is all well and good, you say, but it only works when both parties are willing to sit down with the mediator to talk. The question is, how do you get the other side to agree to mediate?
If all sides of a dispute are represented by counsel, the answer is straightforward: ask your lawyer to propose mediation to the other parties. Your attorney can have a frank discussion with the opposing lawyers to determine if mediation is possible. If your own lawyer balks at mediation, you and your counsel need to have a heart-to-heart talk about why.
If your dispute has not yet reached the lawyer stage, you can propose mediation to the other side yourself. Here are some steps to follow:
What if you get no response? You should ask the mediator to call the other party to see if mediation is possible. The mediator will let you know the response he or she receives.
The crux of mediation is getting both parties to the table. Letting the other side know you are ready to talk is an important first step.
For more information about mediation, contact me at email@example.com