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A Lawyer's Guide for Mediation Strategies and Successful Negotiation

Updated on November 9, 2017

Lawyers guide

Disputes and conflicts are an integral part of our personal, professional, social, political and religious life. Whenever a dispute is surfaced, the involved parties try to settle the disputes through active dialogue and negotiation. There are a good number of people who don't want to waste their time, energy, money, and resources to take their disputes to courts, fight prolonged and legal battles, and get the justice.

Finding the solution of a problem through talks and negotiation is not an easy task at a time when almost all people put their interest above others and don't wish to make minor compromises to settle the matter peacefully. As the findings of talks and negotiations are non-binding for the involved parties, they fail to accept the verdict announced by the mediator and go to the courts for its settlements. So, how one must conduct mediation and have successful negotiations to solve the matter? Just try the following tips and suggestions:

1. Create A List Of All Points Of Discord

There may be many reasons behind the emergence of a dispute. It is very difficult to find the solution to the problem if you don't discuss all points of discord with your rival party. Therefore, before having a face-to-face meeting with your opponent, you should note down all points of discord and gather the solid evidence to support the fact. This will help you to prove your claim in meeting and get the decision(announced by the mediator) in your favor.

2. Choose An Experienced Mediator

A mediator is a person who hears the arguments of both sides, evaluates their statements and documents legally. He/she should be neutral and not associated with any of the conflicting parties personally. Therefore, you should find a lawyer who has the sufficient knowledge and experience of the law and knows how to conduct mediations and negotiations. There are many law firms in India that can provide you experienced mediators at affordable costs.

3. Get Ready To Sacrifice Minor Interests

Several negotiations and mediation attempts prove unsuccessful mainly because the conflicting parties were not ready to relinquish their selfish and minor interest required for the solution of the matter. So, when you have a dispute with your family member/friends over money, the division of property, company shares or control, revenues, etc, it is always better to desert your minor interest for the solution of the problem. It helps you to get the problem resolved in less time without wasting your precious time, energy, and hard earned money.

4. Focus On Solution Of The Problem

When you communicate directly with your opponent, don't waste time as to what wrong things happened in the past and who was responsible for that. Try to focus on the present issues and look for their possible solutions. You must give options to your rival parties so that they can agree to one of the best possible solutions that stratify them easily. Here, mediators must work honestly and take the discussion towards the solution of the problem.

5. Make All Agreements In Writing

In most of the disputes and litigations, people's ego and temptation for other's land, money, shares, etc, make the case complicated. So, it takes a long time to get the matter solved through formal court proceedings.

If you don't make agreements in writing, rival parties can take a sharp U-turn someday and fail to recognize the verdict announced by the mediator. Therefore, you should communicate with them face-to-face, discuss all conflicting topics, and make an agreement in writing regarding the solution of the problem. Keep one copy of the agreement with yourself and submit its copy to another party for future reference. This makes them to comply with agreement don't reject their previous statements all of a sudden.

6. Prolong The Negotiation Time

Disputes related to real estate properties, land division, company, etc, are quite complex. Here are many cases when mediators fail to find a mutually beneficial solution of the complicated disputes in spites of organizing several rounds of talks. In that case, you must not lose the hope for the solution of the matter. Just prolong the negotiation time or you can organize it on different dates to solve the matter in different stages.

7. Ready To Renegotiate

Once your issue is resolved, never think that the disputes will not surface in the future. Conflict of interest can resurface the dispute at any point of time and make your life a living hell. So, you must get yourself ready for renegotiation and talks with your rival parties in the future. This will help you to find a suitable solution of prolonged disputes out of the courtroom.

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