Insights on Appropriate Communication Practices during Mediation Sessions

• Steer clear of disrespectful behaviour
• Refrain from Lying
• Avoid Making Threats or Ultimatums
• Decline Refusal to Participate
• Steer Clear of Using “Always” or “Never” Statements
• Avoid Introducing Fresh Evidence or Information
• Refrain from Requesting Additional Funds
• Avoid Discussing Irrelevant Topics
• Massingill Can Aid You in Effectively Mediating

Respect plays a pivotal role in the success of a mediation
process. Collaborative efforts from all parties are essential
to find solutions and reach compromises. Nobody wants to
engage with someone who lacks respect. Any form of
rudeness or disrespect can lead others to become
defensive and hesitant to cooperate. You don’t have to be
overly friendly, but showing respect to both the other
party and the mediator is crucial for a positive outcome in
the mediation process..

DON’T LIE

Open and honest communication forms the foundation of
successful mediation. Dishonesty during mediation can
erode trust between parties, making it challenging to
achieve a fair resolution through compromise and
cooperation. When in doubt about what to disclose during
mediation, seek guidance from your lawyer rather than
resorting to falsehoods or withholding potentially
damaging information.

Avoid Making Threats or Ultimatums
During mediation, it is important to refrain from
making threats or issuing ultimatums. Threatening
the other party or their legal representation can
intensify conflicts and lead the other party to
withdraw, shut down, or leave the mediation. The
objective of mediation is to work together openly,
so it is crucial to remain composed and avoid confrontational actions.

Additionally, ultimatums can be perceived as
threatening, prompting the other party to become
defensive or uncooperative. Presenting an
ultimatum does not foster cooperation and
diminishes the likelihood of achieving a successful
outcome.

DON’T REFUSE TO PARTICIPATE

Active participation in the mediation process is crucial. Be
mindful that any action hinting at a lack of willingness to
engage could prematurely end the mediation. Refusing to
participate in a court-ordered mediation might even lead
to non-compliance with the court order. Avoid threatening
to walk out and commit to fully engaging in the mediation
to enhance the likelihood of a successful outcome.

Avoid Using Absolute Statements
Employing terms like “always” or “never” is generally unproductive during mediation sessions. For instance, if you claim, “He never contributes to the business,” the other party is likely to highlight instances when he did help out. This approach could lead
to unproductive arguments back and forth. To make the most of your mediation sessions, steer clear of broad statements using words like always and never.

Avoid Introducing New Evidence or Information
Prior to commencing the mediation process, it is
crucial for both parties to possess all essential
information regarding the case. Introducing new
evidence or information during the mediation that
the other party has not previously encountered can
greatly hinder the potential for reaching a
settlement.

Introducing new information can prolong the mediation
process as the other party needs time to review and assess
it before proceeding. Surprising the other party with new
information towards the end can lead to feelings of being
ambushed or deceived, potentially eroding trust. They
might wonder about other information that has not been
disclosed.

While new information may occasionally surface naturally,
the aim is not to hold back relevant details that could aid
in a successful mediation process.

Confidentiality is a key aspect of mediation, ensuring that
any shared information remains private throughout. If you
have concerns about disclosing specific details, consult
your attorney to determine its relevance to the mediation.

Avoid Requesting Additional Funds:
In cases involving monetary aspects, both parties are
required to present their compensation demands prior to
the commencement of the mediation. It is crucial for all
parties to enter the process already aware of each other’s
expectations and address them during the mediation
session.

Asking for more money than your initial request during
mediation could disrupt the process. This unexpected
action might surprise the other party or suggest that you
are not willing to reach a friendly resolution demand was
too low, speak with your attorney.

Steer clear of unnecessary topics
To keep your mediation efficient and focused, avoid
discussing irrelevant issues. Bringing up unrelated
matters can distract from the main goal of the
process, making it harder to reach agreements.
Going off on tangents or discussing irrelevant
topics can extend the duration of the mediation
and increase costs. Stay focused and concentrate
on the important issues. Mediation can assist you in
effectively resolving conflicts.

Mediation offers a constructive method to settle
business and other disputes outside the courtroom. The
crucial aspect of a successful mediation lies in behaving
respectfully and engaging actively in the process. Every
word and action during the session can influence the
overall outcome significantly.

Selecting our words carefully is essential. Although there is
no definitive manual on the dos and don’ts of mediation,
Mediation Solution UK can provide insights on appropriate
communication practices during mediation sessions