As discussed last week, mediation can be an extremely powerful and efficient step in the negotiation process. However, as with any venture, it is important to arrive at the mediation prepared and ready to make it as effective as possible. Last Friday, you were presented with 2 tips to maximizing your mediation.
Read on for steps 3, 4, and 5.
3. Slow Down. While extremely useful (if only to get a glimpse into what the other party is thinking), the mediation process is rarely a quick one. Expect to take several hours, if not days, to come to a reasonable agreement with opposing counsel. Of course, an experienced mediator will guide you to the most sensible resolution. In the meantime, remember to be patient.
4. Be Open to the Mediator. You have selected a mediator because of his expertise and experience. So when things come to an impasse, and you and opposing counsel cannot seem to agree on anything, consider the ‘mediator’s proposal.’ A technique that many mediators use, the proposal is an opportunity for both parties to inform the mediator, confidentially, whether they are open to accepting a settlement number decided on by the mediator.
5. Think Outside the Financial Box. Sometimes what the other party is looking for does not have a price tag. Therefore, during the negotiation it might be wise to consider non-monetary terms that might help you reach a settlement. But remember, timing is everything. Raise it too soon and you might find it being used against you later, Raise it too late, and well, you just might be too late.
Remember these, and mediation tips 1 and 2, before going into your mediation session and prepare to be pleasantly surprised at the outcome!
Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com, his profile at ADRServices.org, or call him at (310) 201-0010.
