In mediation, avoid personal attacks, threats, ultimatums, and anything you have not checked with your attorney. Mediation is confidential, but what you say still shapes how the other side sees you and how far they are willing to move.
Things to avoid
- "I will never settle" or a final number at the very start
- Insults or blame aimed at the other person
- Threats about what you will do in court
- Exaggerated claims you cannot support with documents
- Admitting facts in a joint session before discussing them with your attorney
What helps instead
Explain what you need and why. Listen to the other side's account, even if you disagree with it. Use the private sessions with the mediator to test settlement ideas in confidence. A mediator can carry proposals between the parties without either side losing face.
Need help with this? See Mediation.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.