Don’t Be the First to Quit
Your primary purpose in attending a mediation is, of course, to settle your case, but once you realize that a settlement is not likely going
Don’t Propose a Link or Bracket Move Prematurely
A link or bracket move, i.e., “We’ll increase our offer to X if you reduce your demand to Y,” is a useful negotiating tool that
Let the Mediator and Opposing Parties Know When You Are Approaching Your Final Offer
Opposing parties – and mediators – tend to be skeptical that “final offers” are really final. To convince opposing parties that your final offer is
Never Offer to “Split the Difference”
As negotiating parties narrow the gap between them, it is often tempting to offer to “split the difference.” No matter how small that difference is,
Issue Ultimatums Sparingly
The problem with an ultimatum is that it may restrict the options of the party issuing it. When you tell your adversary at a mediation,
Backwards Moves Are Counterproductive
Backwards moves are counterproductive and can be justified only by a dramatic and unforeseen change in information or circumstances. When a party has made an
