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WHAT ARE OUR
CHANCES FOR
SUCCESS IN
MEDIATION?
A
significant
number of
parties
reach
comprehensive
resolution,
with the
remaining
issues
reaching at
least some
significant
substantive
resolution.
WHAT IF WE
DON'T REACH
AGREEMENT?
In the event no agreement is reached
in mediation, other settlement
options can be explored. Even
unsuccessful mediating parties
often seem to obtain substantial
benefit from having had the opportunity
to fully communicate and by having
given it their best effort prior
to recognizing that attorney negotiation
or litigation may be inevitable.
WHO
PAYS FOR THE MEDIATION?
Responsibility for the mediation
fees needs to be decided between
mediation participants. The key,
however, is that the parties themselves
agree upon the division of the
fee in whatever way seems fairest
and most appropriate.
WHAT
CAN I DO TO ENSURE A SUCCESSFUL
MEDIATION?
Perhaps
the most important thing any mediating
party can do to ensure a satisfying
and successful mediation experience
is to prepare for the mediation
discussions by seeking clarity
as to individual desired outcomes
and perceived standards of fairness.
Being able to listen to the other
party's point of view, even when
you don't agree with it, will
allow you to develop options that
meet both of your needs. It is
in the ability to see the whole
picture from both perspectives
that a mutually satisfying agreement.
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