Mediation Tip: Flexibility is a strength, not a weakness

December 16, 2014

Flexibility is important in all negotiations.  However a couple recent cases I mediated exemplify how flexibility truly made the difference between impasse, and settlement. There were three common threads between the cases:  (a) All parties and counsel were firm in their resolve at settlement at a particular number and not beyond, (b) The parties ended too far apart to simply bridge the divide; (c ) All of the lawyers involved were experienced and reasonable.
Thus, I discussed separately with each side the ending of mediation, (coupled with my usual relentless-restraining-order-proof follow up).  After everyone had some time to process this, it became apparent no one wanted to go home quite yet.  In one case, I did some "brokering" before issuing a mediator's proposal.  In the other case, I  also did some brokering, then employed some different "tools" including having numbers given without knowing the other sides' numbers.  Taking away the "response syndrome" (where one side's response is impacted negatively by the other side's number), helped each side feel more comfortable in making a workable move. Once those "blind" moves were revealed to the other side, the moves appearing more reasonable, engendered more reasonable moves, following which, both sides stretched beyond their "won't move" point to reach settlement.   Flexibility…it can be difficult to implement, yet it is so important to resolving disputes.


Share on Facebook
Share on Twitter
Please reload

Featured Posts

The "Holiday Season" (from Thanksgiving to New Years), can be one of the most joyful times of the year. Many people look forward to this time, envisio...

Wellness Tip: Keeping your balance during the holidays

December 19, 2019

Please reload

Recent Posts
Please reload

Please reload

Search By Tags
Please reload

Follow Us
  • Facebook Basic Square
  • LinkedIn Social Icon
  • Twitter Basic Square
  • Pinterest Social Icon
  • Facebook
  • Twitter
  • Linkedin