Don’t Be Impatient
Mediation is a process, a dance. Attempts to streamline the process, such as by eliminating joint opening sessions or opening statements, or by attempting to
Don’t Make Your Best Offer Your First Offer
Don’t make your best offer your first offer. Even if it truly is your best offer, it is all but impossible to convince an adverse
Bargaining at a Mediation Is Rarely Symmetrical
Bargaining at a mediation is rarely symmetrical. The concessions the parties make to one another in any round of bargaining or overall are often unequal.
When Negotiating, Make Tapered Concessions to Send a Consistent Message
When negotiating, send a consistent message. Avoid yo-yoing, i.e., do not randomly intersperse large and small moves. Instead, make tapered concessions. Make your largest move
Put yourself in the Other Room
Parties at a mediation tend to focus on their own wants without regard to the needs of the parties against whom they are negotiating. Each
Focus Your Clients on Options Available in the Real World
A mediated settlement is based on compromise. Yet all too often parties believe they should get everything they want. It’s the mediator’s job to get