When you’re dealing with a dispute between you and another individual, mediation can be a cost effective way to come to an agreement. But what if the person you’re dealing with isn’t on board with a peaceful mediation? What if they want to keep the tension going and take your issue to court?
Fortunately, your hands aren’t tied. Many family law and courts will send people to mediation before hearing the case in a courtroom. Susan G. Pinkston PLLC, an attorney in Ridgeland MS, handles mediation cases such as these. There’s no reason to exhaust time and resources into an issue that can be settled outside of a trial. Plus, it’s possible that the terms of the contract involved require mediation as a first resort. Real estate contracts, construction contract and banking agreements now provide for mediation.
What if I’m Suggesting Mediation On My Own?
If you find yourself involved with a serious dispute with a pesky neighbor, unresponsive business partner or confrontational ex-spouse, you may have to start the process of working with an attorney on your own.
Unless you know that the other person is willing to join you at the mediation table, you can expect some objections. Because you’re not exactly on good terms with this individual, they are probably going to automatically reject anything you have to say. But it’s also very likely that they, too, would like to come to a resolution, so mediation may be something they ultimately agree to. Contact Susan G. Pinkston PLLC, an attorney in Ridgeland MS to discuss the first steps.
How Can I Encourage Someone to Participate in Mediation?
Here are some tips for coaxing that other person along to mediation.
Find a Mediation Service
There are different types of mediation services, including mediation organizations or lawyers. Find one that is appropriate for your dispute. For instance, if it’s a nosy neighbor you’re having problems with, a community mediation board through your homeowners association may be an option.
Contact the mediation service and explain your situation. Make sure they can help you before you reach out to the other party.
Write a Letter
Send a letter to the other side explaining that you would like to work with a mediation lawyer and why. Don’t blame them for what’s going on or write something that will make them defensive. You want them to agree to this process. Describe the benefits of mediation in the letter.
Also, don’t make threats that you will sue them if they don’t agree to mediation. Write your letter in a matter-of-fact tone, such as by saying that mediation is efficient and affordable. Save your discussion for the actual mediation session.
Conclusion
Mediation is a voluntary process, so you can’t force someone into doing it. When talking to the other person, be direct and explain the benefits to mediation.
