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

Also find our content on:
Facebook.com/MatthewHarrisLaw
Instagram – @MatthewHarrisLaw
Google Maps – https://g.page/MatthewHarrisLaw
Website – https://matthewharrislaw.com/

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

When you are faced with a debt collection lawsuit knowing what to do can make all the difference. But sometimes doing nothing is an option. In this video Lawyer John Skiba shares when you might consider that approach.

???Representing yourself in Court? Check out my online tutorial that will give you tips and strategies to handle your case like a pro! ???????????? https://skibalaw.com/sued-by-debt-collector/

???????? Book an appointment to speak with John: (Arizona Residents Only) (480) 907-3388.

?????????????????????????

MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.

John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.

???????????????????? ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.

???????? Talk to John now! https://go.consumerwarrior.com/call-now
???????? Book an appointment to speak with John https://go.consumerwarrior.com/call-now

John offers informational products and strategies for consumers facing serious debt problems – particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.

???Forms, Templates and Video Tutorials can be found at ???????????? http://consumer-warrior-project.think…

???? Subscribe for more free debt elimination strategies and tips: https://www.youtube.com/user/skibalawgroup/?sub_confirmation=1

——————————————————————————–

????Check out these other Consumer Warrior tutorials:

???? How to Draft an Answer to a Debt Collection Lawsuit – http://consumer-warrior-project.thinkific.com/courses/answer
???? How to Win a Debt Collection Lawsuit by Compelling Private Arbitration – http://consumer-warrior-project.thinkific.com/courses/arbitration
???? How to Draft a Response to a Motion for Summary Judgment – http://consumer-warrior-project.thinkific.com/courses/summaryjudgment
???? How to Prepare and Defend Yourself at a Debt Collection Trial – http://consumer-warrior-project.thinkific.com/courses/how-to-prepare-defend-yourself-at-a-debt-collection-trial
???? How to Defend a Debt Collection Lawsuit From Beginning to End – http://consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle
???? How to Eliminate a Default Judgment – http://consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
???? Proven Strategies for Settling Debt for Less than Owed – http://consumer-warrior-project.thinkific.com/courses/debtsettlement
???? How to Become Debt Free through Bankruptcy or Debt Settlement – http://consumer-warrior-project.thinkific.com/bundles/debt-settlement-bankruptcy
???? Complete Consumer Warrior Tutorial DIY Library – http://consumer-warrior-project.thinkific.com/bundles/all-courses-bundle

Get help to create a plan, deal with your debts, and get back on track. Appointments are free, confidential, and non-judgmental. We’re a non-profit service, and we can help.

Each one of us have at least two things in common. Money and dreams! What separates one person from another is when one person’s money or problems with money keeps them from their dreams. Those that are able to get control of their finances are the ones who are able to do what they love! If you have found yourself having more month than money or you are just trying to save more money then this is the book for you! Ja’Net speaks all over the country about the steps she took to pay off $50,000 of debt in 2 1/2 years and she shares those exact steps in this book! “Debt Sucks! Everyone’s Guide To Winning With Money So They Can Live Their Dreams!” will show you how to: Determine what your dreams and how to make those dreams reality. Create a “spending plan” that will allow you to still have fun while also getting out of debt! Build an “In Case You Are Breathing Fund” to have money for all emergencies. Turn your hobby into a business that makes you money! Find a better paying career in the “new economy.” AND SO MUCH MORE!

College students are facing many issues today and the main one being student loan debt! Student loan debt is at $1.2 trillion and growing! Debt Sucks! is for the college student who is looking to win with money so they can pursue their dreams! Ja’Net Adams shows the reader step by step how she paid off nearly $50,000 of debt in 2 1/2 years! In Debt Sucks! there are tips on how pay off student loans and other debt quickly while in college and after. The book also encourages college students to stand out from the crowd so that they can land internships while they are in school and valuable careers once they graduate.