Address

2806 Reynolda Road, # 211

Winston-Salem, NC 27106

Get in touch
Follow us
How to Prepare for Mediation
Colleen Byers • Jun 09, 2023

Does the thought of going to mediation make your heart race or fill you with dread? It can feel stressful to prepare for mediation, especially if you have no idea what to expect. 

Here are a few suggestions to help you feel calm and prepared to have a productive dialogue at the mediation table:

1. Nothing Happens Without Your Consent


Between the lawyers, the mediator, and the legalese, it’s easy to feel overwhelmed and uncertain.  One thing to keep in mind is that nothing happens at mediation without the agreement of the parties. No one, especially not the mediator, will force you to agree to anything you are not willing to agree to. Having said that, the mediator may very well play devil’s advocate and encourage you to consider various alternatives. Regardless, you decide whether and under what terms you might settle your legal dispute. 


2. Identify Your Goals & Consider Their Goals


If you don’t know where you want to end up, how can you map out a plan to get there? In advance of mediation, it is wise to spend some time answering these questions:

  • What do you hope will be different as a result of this mediation?
  • What is most important to you?
  • If you had what you really wanted, what would that allow for?

Then flip the script and spend some time putting yourself in the other sides’ shoes and asking yourself these questions:

  • What is most important to them?
  • If they had what they really wanted, what would that allow for?

Then spend some time thinking about possible solutions that would not only work for you but that might also work for the other party(ies).


3. Pack Snacks and Water


Mediation may be a long day. Although you can always ask for a break and there will be some down time while the mediator is working with the other party(ies), mediation can sometimes feel like a marathon. You should pack snacks and water for the journey. If you take daily medications, you should bring those with you in case the mediation goes longer than anticipated.


4. Take Some Deep Breaths


We are all human and as humans we all have times where we feel triggered, upset, and/or defensive. Practice noticing when this is happening in your body and giving yourself some compassion. Take long, slow, deep breaths to help calm your nervous system.


With a little bit of preparation and a lot of trust in your mediator and the mediation process, you can set yourself up for the most productive negotiation possible.

By Colleen Byers 06 Feb, 2024
Managing Emotional Clients Colleen L. Byers collaborated with fellow neuroscience geek and mediator, Chris Osborn, to deliver this month’s Expert Continuing Legal Education (CLE) Series sponsored by the North Carolina Bar Association. Colleen co-presented about the impact of trauma on clients in the legal system and shared some practical tools for managing difficult emotions within ourselves (as lawyers or as mediators) as well as with our clients. View the CLE, which includes 1 hour of Mental Health/Substance Abuse credit in North Carolina here .
By Colleen Byers 31 Jan, 2024
You have been mediating and negotiating all day long. You are fully invested and can sometimes glimpse the fragile light at the end of the tunnel. Suddenly, all the momentum that has been slowly building all day seems to come to a screeching halt. How do you avoid crashing into an unbreakable impasse? First things first. Pause and take a deep breath. Then take another deep breath for good measure. Then get a sheet of paper and a pen. Along the left side of the paper, write the numbers 1 through 5. Now, with pen in hand, ask yourself these questions and write the responses next to numbers 1 through 5. What is the craziest idea I can think of to solve this problem? What is the second craziest idea I can think of to solve this problem? What is a variation of the other side’s idea that would work for me with an adjustment? What is another idea? What else might work? You have now generated five new possible ways to solve this problem that you can share with the other side to keep the negotiation moving forward and avoid running straight into an impasse. Let me give you a real-life example. My daughters were fighting over the most coveted seat on the couch. The older child asserted, “This is my spot. I always sit here.” The younger child claimed, “But I was here first today!” Unsurprisingly, their attempts to persuade the other to acquiesce were unsuccessful. They are not old enough to engage lawyers to determine who had the stronger legal claim to the coveted seat on the couch but they both came running to me pleading their respective cases in hopes that I would serve as the arbitrator. I declined to serve as an arbitrator but did put my mediator hat on. We all sat at the kitchen table with paper and pen to brainstorm possible solutions that would work for both of them. You may be wondering how I got my young children to do this. I told them that they could not watch any television until they found a solution to which they could both say yes. So down they sat with pen in hand. Using questions 1 through 5 above, as prompts, they generated the following ideas: Take turns – alternate days; Take turns – set a timer and then switch; Sit on top of each other; Build a fort on the couch for both of us. Then we went back through the list one by one, and I asked each child if they were a “yes” or a “no” for that particular idea. Here is what that looked like:
Share by: