What if my Clients won't Mediate? 😩
You open your inbox, there's a new case waiting for you. After discussing the matter with Party 1, you reach out Party 2 but they won't mediate. They don't return your emails or calls.
Why does this always happen to me? There's an easy solution.
Your clients don't know what to expect until they fully understand what mediation entails. Remember that people associate legal processes with litigation, they're just playing it safe.
Here's a handy technique that always works for me:
The Wrong Way
When speaking to Party 2, don't start with "I have been instructed to contact you" or "You are herewith invited to attend a meeting" or even worse "After having discussed the matter with Mrs so-and-so (your ex).
If you say this, Party 2 probably thinks you're an attorney and he'll immediately tense up.
The Right Way
Tell Party 2 that "I haven't decided whether I want to take on the case yet, I wanted to speak with you first before making my decision".
Fantastic! You have his attention and you've started building rapport. This is how we demonstrate one of the key pillars of mediation: impartiality (neutrality).
Ready to learn the other techniques our school teaches?
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