For mediation to work in any case, communication is a must. Both sides are trying to keep the case out of court, so they’re sitting down with a mediator to work things out. They have to be able to communicate effectively with each other and also with the mediator every step of the way.

Are you doing this in your case? Educators have put together a list of important questions you can ask yourself:

  • Rather than just talking and making my points known, how well am I listening?
  • Are the questions that I’m asking constructive, and am I encouraging these questions from the other party?
  • Am I giving helpful feedback and am I open to receiving it?
  • Have I paid proper attention to both verbal and nonverbal behaviors outside of merely the words I am saying?
  • Am I creating an atmosphere where open dialogue is not just possible but encouraged?
  • Is the way that I’m communicating an example of the behaviors I want the other party to use?
  • During arguments, am I arguing just to win or am I doing it constructively?

These questions help you think about the process, what it should look like and what it needs to look like for it to be successful. When you enter mediation with the proper mindset, the odds are far greater that you will be able to work toward the results that you want.

It can also be very helpful to work with a skilled legal team who has been involved with many of these cases in the past. They can guide you through the process and make sure that you know what rights you have.