Do you have an upcoming Mediation to prepare for? Here’s everything you need to know!

Skip the courtroom drama. Who needs subpoenas, juries, and witnesses?!

Mediation lets you hammer out a deal on your terms—fast, private, and far cheaper than trial. Also, before you go to trial, the Court will almost certainly require you to attempt Mediation first, so you might as well take advantage while you’re there.

Here’s what to expect and 10 simple steps to make it work for you.

Choosing the mediator

Sometimes the parties agree on a private mediator; other times the court signs an “Order of Referral” that names the Mediator or directs you to a dispute-resolution center in your community. Either way, the Mediator must be a neutral third-party with no interest in the case.

If you’re choosing a Mediator, choose someone who has a reputation for listening, but who can also be tough if one side (even if it is you) can be a little hard headed. Sometimes it helps to have a neutral party tell you that you’re being stubborn.

An important thing to know is that the Mediator has no power to decide the case—only to help you reach your own agreement. The Mediator’s job is to help the parties reach an agreement by keeping the conversation moving.

Confidentiality rules

Everything said in mediation is privileged. These are settlement discussions, and the rules of evidence prevent settlement offers from being used at trial. Depending on your state, there are also likely specific laws that prevent anyone from testifying about what was discussed at Mediation.

Those rules allow candid discussion of weaknesses, risk, and creative solutions without fear a stray remark will haunt you in court.

So, when you’re mediating, take a step back from your trial position and take a hard look at your own case, warts and all. The confidentiality of mediation gives you a chance to offer some concessions that won’t be held against you at trial.

Pre-mediation homework

Your attorney will prepare a confidential position letter for the mediator outlining the facts, claims, defenses, and prior offers. You should:

Gather key documents (contracts, emails, financials, photos).

Identify your “needs” versus your “wants.”

Decide your realistic settlement range and the authority you will bring to sign.

Block off the entire day—successful mediations often run past business hours.

Some of my most successful Mediations were because I prepared like I was going to trial with a binder of Exhibits for the Mediator to reference during their discussions with the other side.

Also, it helps when the other side realizes that their attorney was out-done by your attorney because they’ll then wonder just how prepared they will be when it comes time to go to trial.

The opening joint session

Most mediators begin with everyone in the same room. But, if it is a family law case with a history of D.V. or intimidation, then there likely won’t be a joint session.

In this joint session, the mediator explains the ground rules, then each side gives a short opening statement. This is not a closing argument—keep it professional, factual, and forward-looking. The goal is to frame the dispute and show you are prepared, reasonable, and willing to negotiate.

Honestly, I like to use this time to speak with all of the PARTIES to explain that us attorneys get paid to talk, and that there will be plenty of time for us to talk if we go to court, but that right now is the time for them to talk to each other. I tell them that us attorneys will be quiet and take notes while they do their best to work things out.

Then, if they reach an agreement, then us attorneys, as officers of the court, have a duty to draft the Agreed Order or Settlement Agreement in a manner that ensures everyone gets what they bargained for.

Surprisingly, when you get the attorneys to just shut up, and get parties to actually sit down in the same room during this joint session to just talk to each other, a lot can get accomplished in a short amount of time.

Private caucuses

If the opening joint session isn’t fruitful, then you and your attorney move to a separate room and the other side does the same. From there, mediation becomes “shuttle diplomacy.” The mediator carries offers and counter-offers back-and-forth…

How to WIN your case at Mediation: The Complete Guide

Chapters:
00:00 – Prepare for Mediation
00:24 – Choosing the Mediator
01:07 – Confidentiality Rules
01:45 – Pre-mediation Homework
02:33 – The Opening Joint Session
03:43 – Private Caucuses
04:19 – Negotiation Dynamics
04:54 – Deciding whether to settle
05:30 – The Mediated Settlement Agreement (MSA)
06:37 – Buyers Remorse
07:03 – Practical tips for Participants
07:32 – Bonus Tips

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Music:
Steps – Anno Domini Beats
Music provided via YouTube Studio Audio Library

Settle your debt: https://www.solosuit.com/solosettle?mkt=yt+negotiate+debt+settlement+on+your+own
Respond to a debt lawsuit: https://www.solosuit.com/debt_answer?mkt=yt+negotiate+debt+settlement+on+your+own
Make a motion to compel arbitration: https://www.solosuit.com/motion_to_compel_arbitration?mkt=yt+negotiate+debt+settlement+on+your+own

We wanted to know how to negotiate debt settlement with creditors and debt collectors, so we asked a lawyer, John Skiba:

0:00 Intro
0:46 Don’t threaten bankruptcy unless you actually mean it
1:28 Give them reasons to accept your debt settlement offer, such as hardship
2:20 Tell them about any other debts you have
2:45 Be prepared for a counteroffer
2:54 Make a fair offer
4:34 Negotiate with the opposing attorney

If you want to settle your debt, making empty bankruptcy threats isn’t the best move. Instead, illustrate your financial hardship and other obligations, such as tax debts or child support, which can affect a creditor’s ability to collect.

Make a realistic offer, and be prepared to receive a counteroffer.

BOUT: John Skiba has 21 years of experience in consumer bankruptcy and debt defense. He runs the @Consumer_Warrior YouTube channel and owns Arizona Consumer Law Group, PLLC: https://skibalaw.com/

FAQ’S: Can a lawyer remove me from debt counselling?
Answer: Yes, in short

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At this week’s webinar, Karra L. Kingston Esq (also known as The Debt Lawyer) will join our Q&A session. Karra is an experienced bankruptcy lawyer based out of New York and New Jersey. Her firm has represented consumer clients’ against debt collectors for more than 25 years.

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You should consult with a lawyer in your state or district. Laws can vary from state to state. This video presents general legal information. This information is not specific legal advice tailored to your particular situation.

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Matt Berkus is a Colorado licensed bankruptcy and student loan relief attorney with 20 years of experience. I offer free phone consultations to residents of Colorado for the purpose of bankruptcy. Click on my websites for additional information and for the phone number to call and schedule.

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Professional Debt Mediation HARASSING YOU? Professional Debt Mediation DEBT COLLECTOR CALLS?
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If Professional Debt Mediation is harassing you, making unwanted calls to you, or treating you or your family unfairly, the Fair Debt Collection Practices Act and the Telephone Consumers Protection Act offer you protection against Professional Debt Mediation harassment. You may be able to recover up to $1000.00 for unwanted or harassing debt calls from Professional Debt Mediation.

Common debt collection law violation by Professional Debt Mediation could be:

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* Professional Debt Mediation could be using abusive language
* Professional Debt Mediation could be falsely threatening to garnish your wages or lien your property

You can recover money for debt harassment. When you sue a debt collection agency and win, you can recover up to $1,000 in damages, plus court costs and attorney fees. Lemberg Law has a wealth of experience and stellar reputation in collection agency laws, and can help you stop harassment from Professional Debt Mediation. If you’ve experienced Professional Debt Mediation harassment, call us now 855-301-5100.

Professional Debt Mediation Unwanted or Harassing Calls? Recover $500-$1500 per call!

If Professional Debt Mediation has been making unwanted robocalls to your cell phone without your permission, or after you told them to stop calling, you could be entitled to between $500 and $1500 in damages for each and every call. How do you know it’s a computer call? When you answer, you hear a pre-recorded voice, or maybe silence, delay, clicks, or music, before you’re connected to a real person. Do you have Professional Debt Mediation complaints? If so, you should know your rights under the Telephone Consumer Protection Act. If you’ve experienced Professional Debt Mediation harassment, call us now 855-301-5100.

The FDCPA protects you from Professional Debt Mediation harassment.

Consumer Law, Class Actions, Personal Injury & Overtime Pay Lawyers

Do you have Professional Debt Mediation complaints? If so, you should know your rights under the Fair Debt Collection Practices Act and Telephone Consumer Protection Act.

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In order to increase your chances of prevailing in a Professional Debt Mediation harassment case, keep records of all phone calls and correspondence, such as the dates and times of contact, with whom you spoke, and what the debt collector said.
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Consumers should not assume that they are entitled to any compensation as a result of bringing a claim. Any compensation and any results obtained would depend upon specific factual and legal circumstances of each case.

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