Opposing parties – and mediators – tend to be skeptical that “final offers” are really final. To convince opposing parties that your final offer is final – or nearly so – and to avoid derailing the mediation always advise the mediator when you are approaching your final position and have only a small amount of room left to move. Equally important, direct the mediator to let the other parties know that you are nearing the end of your negotiating budget. Do not present a final offer without having first let them know on your previous moves that it would soon be forthcoming.
Francis Carter
