In most disputes, particularly relationship based disputes, there is a significant desire by disputants to be heard and understood by the other side. This is especially true in cases that have the most realistic chances of settlement.
Mediation properly conducted provides both sides with the opportunity to be heard and understood by each other.
When parties believe they have been heard and understood by the other side, they feel empowered, they become much more flexible, more willing to compromise, and more willing to put the matter behind them.
II. WHAT WORKS WELL AT MEDIATION [ The Ten Keys]
The foregoing points are the most common practices of the greatest trial lawyers and the greatest negotiators I have worked with over the years. They are also the practices deemed most effective by the outstanding lawyers and negotiators I have spoken with about negotiation techniques.
III. ZEN MEDIATION APPROACH
Have each party be heard and understood by the other. If both parties are heard and understood by the other, every case that has a reasonable chance of resolving will resolve.
IV. MAXIMIZE OPTIONS & FUTURE STREAM OF BUSINESS- (For Outside counsel)
Notes: Magic of Mediation is the flexibility and willingness of parties to compromise and resolve claims once they have had the opportunity to be heard and understood and taken the opportunity to hear and understand the other side’s view of the case.
Remember the primary audience is the other side after the opening statements, not a judge. This calls for a shift from an adversarial to more of a creative problem solving approach. Use “Why?” Identify impediments to settlement. Be authentic with use of apologies, or do not use them. Tone is often more important than content.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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