It is well established that mediation is a powerful and effective conflict resolution tool. However, business realities often mean that the time within which mediation can take place is limited. Here are some techniques to help attorneys achieve successful outcomes, even when time is limited.
Techniques for Effective Time Management in Mediation:
1. Pre-Mediation Preparation:
Detailed Briefs: Submit comprehensive briefs before the session and provide briefs to opposing counsel unless there is a good reason not to. This helps the mediator and opposing counsel understand the key issues and positions in advance.
Pre-Mediation Conferences: Confidential pre-mediation conferences with the mediator can assist the mediator in appreciating the challenges to be faced on the day of mediation and establishing a clear agenda and timeline for the day of the mediation that prioritizes the most critical areas for discussion.
2. Structured Mediation Sessions:
Time Allocation: Agree on specific time blocks for each area of discussion. This keeps discussions focused and ensures all key points are addressed.
Concise Communication: Encourage clients to communicate succinctly and stay on point, minimizing digressions and maintaining a goal-oriented approach.
3. Efficient Information Gathering:
Pre-Session Questionnaires: Use questionnaires to gather essential information ahead of time, saving valuable session time.
Regular Summarization: Ensure the mediator summarizes and clarifies points regularly to avoid misunderstandings and repetitive discussions.
4. Focused Problem-Solving:
Quick Brainstorming: Engage in rapid brainstorming sessions to generate practical solutions quickly.
Interest-Based Negotiation: Focus on the underlying interests of both parties rather than rigid positions, leading to faster and more flexible resolutions.
5. Effective Follow-Up:
Action Plans: Develop clear, concise action plans with defined responsibilities and timelines for implementation. Once an action plan is put in place, stick to it.
Flexible Scheduling: Be open to multiple sessions, if necessary, rather than trying to resolve everything in a single sitting.
By employing these techniques, you can help your clients maximize the effectiveness of their mediation sessions, even under tight time constraints.
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