Winning at Mediation

First, what is mediation?

Mediation is a voluntary non binding negotiation process by which an impartial neutral assists in resolving a dispute between two or more parties. It is a non-adversarial approach to conflict resolution. The role of the Mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests or needs of all relevant parties in an effort to resolve the conflict and find a mutually agreeable solution.

"Winning" Requires Preparation!

The better prepared you are as a negotiator, the better the results you will achieve. Being unprepared immediately puts you at a disadvantage to the other side. Being well prepared can help narrow the issues for agreement, formulate detailed options and evaluate tentative offers far more quickly and wisely than a negotiator who is not prepared. In order to be well prepared, you need to do more than create a "wish list" of what you want and what you are willing to take. All that allows you to do is state demands and make concessions, which is exactly the kind of positional bargaining you want to avoid.

Instead, concentrate on four main elements: Interests - Determine what the parties' interests are; Options - Determine as many creative solutions to as many agreements as possible; Alternatives - Determine what alternatives you have to negotiate in an agreement and what you are willing to take at the end of the negotiation; Legitimacy - Determine what external standards to use to judge for yourself and to persuade others that everyone is being treated fairly.

Take time to build a relationship and find common ground before diving into the specifics of the negotiation. The key to most negotiations is building rapport through communication, relationship and trust. Give the other side an opportunity to tell you what their interests, needs and wants are. Not until you learn this information are you able to solve the other person’s problem, as well as your own. This is also the time when you can state your interests, needs and wants so the other side can start thinking about areas of mutual gain. This is not the time to start talking terms and numbers. The more you know about the other side’s interests, the better your chances of reaching a win-win conclusion. The rationale behind the numbers always counts more than the actual numbers.

Last, "winning" by being well prepared, requires the client to gather as much information as possible, in order to educate the mediator as to their goals and why they are beneficial.

Should you have questions about your own matter and like to discuss how JLKMediation can help you resolve your matter, please contact us through our website or call our office at: (858) 974-1917. We look forward to speaking with you.

Warmly,

Jennifer Kammerer