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Some of the Common Pitfalls in the Mediation Process

Failing to Prepare Appropriately

For the mediation procedure to be highly successful, the concerned parties must be adequately prepared. Many arbitration processes do not succeed because either the claimants or respondents fail to prepare well, and so, do not understand their case fully. People should also know their opponents’ cases because a mediator might assist them to convince the disputant (Baumann & Clayton, 2017). Furthermore, the parties should avail key evidence documents to mediators to help them learn the specific facts swiftly. In summary, sufficiently prepared parties make the arbitration process continue and end successfully.

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Failure to Have the Right Individuals at the Mediation

Mediation experts begin by scheduling the process and identifying the people to attend. Several jurisdictions support arbitration, and so, they have the rules on the individuals to appear in person. The authorities allow the process to have the mediator, claimant, respondent, and both parties’ lawyers (Altawyan, 2017). Sometimes, the parties might choose counsels who have many claims; and may not be able to attend to all. Therefore, such lawyers are strongly advised to seek permission from their opposing colleagues before the mediation day to avoid sanctions.

Failing to Negotiate All the Required Settlement Agreement Provisions

All the parties must agree on the provisions that they should include in their settlement. For instance, a claimant can bring printed copies of the terms that they think are essential to arbitration, such as confidentiality and compensation, and circulate them to the other parties. However, not all of them include the necessary terms in their submission. This omission makes it hard for the parties to agree as no side accepts the award given at the end of the mediation procedure. All the parties are most likely to appreciate the arbitration results if they agreed on the process provisions early.

Failing to Set Aside Adequate Time

Mediation processes are different because they depend on various factors such as how complex an issue is and the number of parties involved. Therefore, lawyers and mediators should consider the time they might need for every scenario (Altawyan, 2017). However, in some cases, the experts forget to set aside adequate time for highly complex issues. Consequently, the mediation takes a whole day without getting successful resolutions, and so, the parties feel that they wasted time. Therefore, the lawyers and mediators should agree on the time they might need for an appropriate settlement.

References

Altawyan, A. (2017). The arbitral proceedings under the new Saudi arbitration law: A comparison with international rules. Journal of Strategies and International Studies, 12(2), 113-124.

Baumann, J., & Clayton, G. (2017). Mediation in violent conflict. CSS Analyses in Security Policy, 211. Web.

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StudyCorgi. "Some of the Common Pitfalls in the Mediation Process." July 16, 2022. https://studycorgi.com/some-of-the-common-pitfalls-in-the-mediation-process/.

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StudyCorgi. 2022. "Some of the Common Pitfalls in the Mediation Process." July 16, 2022. https://studycorgi.com/some-of-the-common-pitfalls-in-the-mediation-process/.

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StudyCorgi. (2022) 'Some of the Common Pitfalls in the Mediation Process'. 16 July.

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