With more than 25 years of mediation experience, Randy Akin certainly knows a thing or two about successful mediations as one of the earliest mediators in the Longview, TX-area. He has created a simple way for participants who need to know how to prepare for mediation, one that he calls the Five C's of Mediation©.
The 5 Cs of mediation begins with courtesy. During the process it's vital for parties and their attorneys be courteous to one another. Mediation is about resolution not confrontation. We focus on having each side fully exploring the strengths and weaknesses of the case to come to a solution that works for all parties.
For the mediation process to really work, it's important to have comfortable surroundings. We always treat those in our offices with courtesy and our friendly staff will provide coffee and refreshments to provide an overall comfortable mediation facility.
In instances of mediation, most judges put language in the standing mediation order bestowing certain powers on the mediator. We often possess the ability to keep the parties and the attorneys in the mediation process until the case is settled, abated or at an impasse. No one turns into a pumpkin at any particular hour. For success, we need commitment from all to find a mediated solution.
It's important to remember that juries are unpredictable. Once a case is submitted to strangers it is impossible to know enough about each individual juror to effectively strike anyone potentially dangerous to your case. During mediation, a litigant has total control on the outcome of the case.
In mediation, compromise is a vital principle because there are no winners or losers. Winning your case means taking it to court. Settling your case, which can be accomplished about 98 percent of the time, is about compromise. All sides have to be willing to give something in order to reach agreement.