McWilliams Mediation Group

P.O. Box 6216
Denver, CO 80206
(303) 830-0171 (303) 830-8422 Fax

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Joan McWilliams, Esq.

Inside Mediation
Click on the following for more info: Why • What • How • Risks • Disputes

How

How should you prepare for mediation?
There are several steps you can take to increase your ability to reach agreement.

Retain an attorney who can act as an advisor in mediation and as an advocate if the case goes to court. Hiring an attorney does not mean that your case will result in an angry and expensive court battle. Competent attorneys can serve as both advisors and advocates if the case does not settle. Most people are better negotiators when they have the help of a professional who is concerned only with their interests.
Choose a mediator who knows the law and has had experience in mediation. In Colorado, mediators do not have to be licensed or certified. Therefore, you must take care to choose a mediator who has knowledge and experience. You may want to interview the mediator before making a choice.
Become an informed participant. In order to assess the fairness of a settlement, you must understand the facts and the legal issues of your case. Whether a contract is being negotiated or a relationship is being dissolved, people in mediation make decisions that affect their lives. Accurate and complete information leads to decisions that stand up over time.
Concentrate on your needs and concerns. Mediation is easier and more successful if the parties are able to identify their interests rather than their positions. A "position" is something that has been decided. An "interest" is the reason why the person decided. Often people find they have interests in common even though their positions may be in conflict.
Identify personal issues that may create problems in mediation. Such issues may be too much emotion, or the lack of information or skills to feel comfortable. These problems can be accommodated in mediation. They should be discussed with your attorney and the mediator before the process begins.
Remember, mediation is a process that provides a way to reach resolution. Mediation usually requires several sessions. During those sessions, agreements will be discussed, reviewed, and revised until a solution is reached that is satisfactory to all parties. You should be prepared to step away from the mediation sessions, think about what has been discussed, review the tentative agreements and renegotiate any unacceptable provisions.