Drip Drip Drip
Mark’s Mediation Strategies
Information is a valuable commodity. It translates into power, both in litigation and at mediation. The careful use of information is an integral part of your bargaining strategy. At the outset, it is important to understand what information you need to obtain from, and provide to, the other side so there can be a meaningful negotiation. Here are some practical steps for handling information most effectively.
First, have the mediator arrange an exchange of information that is orderly and reciprocal, and which clarifies the positions being taken. This assures that no party feels vulnerable and manipulated by a one-way disclosure.
Once a protocol is established, then solve the information gap. Ask the other side questions that are designed to buttress your position or better evaluate risks. Next, consider revealing discreet pieces of information which demonstrate strength and confidence in your case, such as an analysis of damages or a case citation that supports a decisive legal principle. A series of deliberate, thoughtfully-timed disclosures can yield significant concessions from your adversary.
As always, I am ready to work with you and your clients to achieve satisfying case resolutions. Please call if I can be of assistance.
Regards,
Mark Loeterman
Email: Mark@MLmediation.com
