Winning at Mediation: How We Make Mediation Work for YOU

Aug 18, 2020 | Mediation

Mediation is an informal meeting between two sides of a dispute and a neutral, professionally trained facilitative mediator. Nearly every law suit in Michigan is ordered to mediation, because judges know the mediation process works, and most cases get settled before lengthy and expensive trials can take place. And that frees up the judges’ schedules for more rounds of golf or games of pickleball (the author’s favorite pastime these days)!

With a high success rate and the low costs associated with mediations, we recommend all of our clients not only thoroughly prepare for their mediation, but actively engage during the back-and-forth of the meeting. After all, it is your case, and it is your decision whether to accept an offer made by the other side to settle. Settlement has a lot of advantages—the case is essentially over, and a check is usually on its way within a couple of weeks. Finality is a good thing. But a bad settlement at mediation is not a result you want.

The attorneys at APKH&C have been involved in countless mediations, and for more than a decade, Alan Couture has been a trained and court-approved mediator, mediating all sorts of cases throughout northern Michigan to help parties solve their disputes. He also taught post-graduate classes in Negotiations for business professionals for more than 10 years, honing the art and science involved in every mediation, which hinge on effective negotiation. And as a former insurance defense attorney, Mr. Couture has the mediation experience very few other attorneys have, namely participating in mediations for injured persons, for insurance companies and defendants, and as a neutral mediator. This unique experience gives our clients insight into all components of the mediation process, from preparation to signing the settlement agreement.

So yes, our clients can and often do “win” at mediation—because we promise to not only be thoroughly prepared but to also make sure you are as well, and we know many techniques to get a “yes” from the other side when they really want to say “no.” Working with you, we will come up with a mediation strategy that will ensure we get the best possible settlement offer for you to consider. We will also discuss with you the pros and cons of rejecting the offer and proceeding to trial.

Let us help you have the best chance to win at your mediation.