Mediation is one of the most popular and successful forms of alternative dispute resolution. Parties who might be at risk of a messy court case can potentially resolve their disagreements by cooperating with each other in mediation.
Contract disputes that require outside intervention can occur for a variety of reasons. Sometimes, contract disputes occur due to a breach of contract by one party or concerns about a potential anticipatory breach. Other times, one party to the contract may feel like the other has not fulfilled their obligations. Miscommunication and different interpretations of contract language can contribute to these conflicts. When both parties want to resolve a matter but cannot decide how to do so, they may agree to sit down in mediation together.
How can a lawyer representing one party in a contract mediation scenario help resolve their disagreement?
By educating them on the process
People who don’t know what to understand during mediation may approach the process with the wrong attitude. They may be aggressive instead of cooperative, which may set the entire process up for failure. Helping a client understand the need for calm communication and compromise before a mediation session can help them set realistic goals and may increase their overall chances of success.
By helping them communicate effectively
Much of the mediation process focuses on the communication between the two parties or their individual conversations with the professional mediator. Effective communication of concerns such as explaining how one party’s performance failed to meet contract standards, is important. So is approaching the situation with realistic requests and expectations. That being said, clients do need to leave room for compromise or may have to make sacrifices that they find untenable to reach an agreement.
Discussing the need to set high initial requests to allow for some room for compromise during negotiations can help a client more effectively navigate the mediation process. While an attorney can communicate on their behalf, they also need to be able to express themselves appropriately throughout the process.
From reviewing penalty clauses integrated into the contract to discussing techniques for maintaining calm during conflicts, there are many ways for lawyers representing one party in a contract mediation scenario to set their client up for success. Proper preparation and education prior to the actual mediation session can go a long way toward helping a client achieve their goals. Attorneys assisting with contract mediation can help their clients with the preparation process by educating them and helping them set achievable goals.