How Do You Get Someone to Agree to Mediation?
Solving a dispute can be successful. So, how do you start the process of resolving your dispute?
The first step is usually for you to contact the opposing party with your concerns who may not be aware of what your issue is and try to resolve it.
However, there are times when the person with the complaint is not comfortable approaching the opposing party. After this initial contact the opposing party may understand the issue and agree to work out a solution. However, you may be on board, but with the other party is not. Thankfully, there are a few methods you can use to get someone to agree to mediation.
Contact a mediator
At this point if you did not have a mediator make initial communication it is time to contact a mediator. When you contact a mediator he/she can contact the other party for you. In many cases, this is the preferred option as a mediator is trained to convince the other party to participate in mediation.
Understand why someone may be reluctant to mediate
The situation that is causing you to go to mediation is likely fraught with tension and high emotions. As such, it may be hard for you to understand why the other party is reluctant to mediate. You may think they’re just being difficult, when in reality, the other party has some very real reasons why they don’t want to mediate.
In most cases, it is due to fear and other intense emotions. Your mediator can help dispel any fears the other party may have about mediation and also help them process some emotions so that they (and you) can think more clearly about the situation.
Get them to weigh the options between small claims court and mediation
If someone refuses mediation, then the next step would be to file a petition in small claims court. It’s important to remember that if this dispute goes to trial the complainant has no choice in appearing in court or lose by default in a no-show. After all, small claims court can be costly and time-consuming. Also, it’s important to remember a small claims case can be dropped if you resolve your dispute before trial.
So, if the other party is unwilling to budge, we will advise that your only other option would be to go to small claims court. Point out how costly and time-consuming that could be and let them weigh their options. The disadvantages of small claims court may just be the thing to convince someone to mediate.
No matter what, though, it’s always best to make a call to a mediator before trying to convince the other party yourself. At Metropolitan Mediation Services, we can contact the other party and help you get them to the mediation table. Call us today at (314) 452-1533 to get started.
