Here's how you can resolve conflicts in a Creative Strategy agency through external mediation.

Emotions are such an important aspect to consider in mediation as they undermine our thinking around the dispute and what it means to us. A failure to take them into account can impede the mediation process.

Recognizing that emotions influence, the participants’ actions and decisions is important in all mediations. The true emotions may be under rumbling under the surface. The mediator needs to be alert and allow for the processing of the emotions so to clear the way for a meaningful participation.

I normally go with a retired judge for the mediator and agree with the plaintiffs attorney who that will be. Experience is key. Mediation for personal injury cases is NOT a quick and your done process. All too often mediation “takes on a life of its own”. You cannot rush the process . Conflicts must be dealt with at the claimants pace. I represent the insured who did something that he could or might be held liable for and really the claimant is generally mad at my insured. I try to mend that fence and move on to negotiating a settlement that is acceptable to the clmt and his attorney. My job is to protect my insured and obtain a properly executed release of any and all claims. The goal of Mediation is agree on a dollar settlement

It’s helpful to not be offended by the other’s view or position but to be open-minded in a collaborative way with a mutual goal of working together to achieve the best solution.

Avoid mediators that have incentives such as quotas to settle cases. Some mediators push parties to settle cases even when they should not. To increase the chance of selecting a good mediator for your case, ask your colleagues about their experiences with the intended mediator. I would not blindly accept a counter-party's suggestion for a mediator, either.

A mediator should have trial experience, whether as a judge or lawyer, in the particular subject matter being mediated. Experience in how cases like the one being mediated may go at trial helps clients see the big picture.

Check out mediators to find one that is the best fit for your situation. As mediators, we are not competitive and would rather have you feel comfortable and able to share your position in a non-judgmental environment than feel pressured into agreeing. Ask about fees, process, and gauge their personality and experience before selection of a mediator.

Selecting a mediator can be difficult. There are many qualified mediators from which to choose. As a rule of thumb, make sure the mediator has experience with the subject matter of the dispute. You don’t want to waste time educating the mediator about the governing law or policies. That time could be better spent negotiating potential resolutions. Equally as important, consider the mediator’s personality as compared to the parties. Certain personalities do better with the velvet glove, soft sell approach, while others require someone who is more direct. If you’re mediator can employ multiple approaches depending on what the situation requires, even better.

I encourage all clients to prepare an agenda for themselves to bring to session to keep them on track. Additionally, to formulate proposals under each agenda item so that they have thoroughly considered each issue.

I thoroughly lay out and discuss the pros and cons of the case with my client before the mediation. Should do so well in advance of three mediation date. I ensure that my client does not have unreasonable or unrealistic expectations. I also emphasize deportment and appearance. First impression before the mediator and your adversary is critical.

Our mediation presentations are handled like mini trials. We essentially put our closing argument out there for the opposing party to see. This has resulted in many favorable outcomes.

Preparation for mediation involves being able to succinctly articulate your position and support it with evidence or documents. While at the same time, it includes fully investigating and understanding the other side’s position. The more you know about the other side’s position, expectations, and priorities, the better you are able to navigate negotiations to find common ground.

Preparation is essential. As a mediator, I am in a much better position to facilitate dialogue and move toward settlement when both sides are able to explain their position, state their facts, and provide supporting documents or information. As mediators, we do not make any decisions, but when both sides are prepared , we are able to shed light on the strength and weaknesses that might help lead to a resolution. Of course, this must be done within the boundaries of confidentiality.

Mediation is a great time to figure out what the other side actually wants. Do they want your client to be in jail but it's a civil case? How can you provide something meaningful to the other side that may not just be money. I have settled civil cases for community service to designated charities as well as for specific goods and services - because those satisfied what the other side wanted more than a cash payout (of course, there was a cash payout as well).

Mediation provides the parties, the opportunity to make the decisions that will directly impact them rather than delegating to a third-party-a stranger. They have the opportunity to be creative in finding solutions based on their unique and individual circumstances. Working collaboratively and exploring options. the parties can leave the Mediation feeling that they directly participated in creating an agreement that is acceptable and workable and therefore will be more motivated to comply with the terms.

I always prepare a short form settlement agreement that is binding so there’s no buyer’s remorse. The attorneys can prepare formal releases afterward.

Mediation can be used as a tool to gain leverage in a dispute down the road. Mediations are certainly confidential. But what a party communicates in mediation can lead you to draw your own conclusions about the strengths and weaknesses of their case and yours--without revealing any confidential information. If your case does not resolve at mediation, and often it won't, that is not the end of the road. If done right, mediation can help narrow the issues and streamline the parties' positions.