Monday, February 22, 2016

Mediate, Be Civil, Be Happy!!

Let me share a simple example of a dispute that involved several parties. There is one plaintiff and her lawyer.  She is suing several different parties.  Her lawyer is trying to get money from wherever she can, and hoping to get a lot of money from each one of the defendants.   Sadly, the lawyer is not very well prepared to present her case. She is not even sure of the laws that she claims the defendants broke. She is not willing to hear any explanation from the defendants or to negotiate at all.

Worse yet, the lawyer is letting her client believe that she has a great case and that she is entitled to
win a lot of money. She’s handling this case on contingency and letting the client believe that she has nothing to lose, but she is not preparing her client for the possibility she may lose the case in court and the judge may find her responsible for all lawyer fees for all of the defendants. And we all know that is not cheap.

Unless you have a clear-cut case and you know you are going to win in court, I suggest going to mediation and saving yourself time and money, and saving very expensive court time that taxpayers pay on your behalf.  Mediation is especially important if you wish to salvage any business or personal relationships, rather than fight in court and say and do things that you can’t take back.

The best part is mediation is a win-win strategy. You are not leaving your fate in the hands of a third party like an arbitrator or a judge. You can practice your negotiation skills and mutually agree on what you can pay and accept.  You can use the help of a trained mediator to help you navigate through this wonderful process of resolving disputes in a civil manner.  Also, know that you don’t lose anything by trying the mediation process.  Everything said or disclosed in the mediation is held confidential by all parties and cannot be used in court if you are unable to resolve your disputes in mediation and have to go back to court.

At least you know you tried your best to resolve your disputes peacefully.  Statistics show that most people who go through mediation end up resolving their conflicts and come out happier that they chose this alternative dispute resolution (ADR) method. 

Disputes are a common and normal part of life.  With all the people we deal with everyday in business and/or in personal matters we are bound to have conflicts. How we deal with these disputes and the people we are in conflict with is most important. It does not help anyone if we threaten to take everyone to court every time we have a problem.  Let’s try to resolve our disputes in a loving and friendly manner. Let’s call for mediation instead of yelling, “I will sue you” or “See you in court.”

Please see this handy little chart (from www.statecourts.gov.sg) for all the reasons why mediation is better.  I am not saying this just because I am a mediator. I have tried and experienced mediation. I am going through mediation now. Believe me, it works and saving relationships is the added benefit. Relationships can even improve when you are civil to each other and try to listen to each other.

Be peaceful! Be happy!


Veera





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