Ears Wide Open
Mark’s Mediation Strategies
In certain types of cases, opening statements in mediation can be helpful in moving the parties closer to resolution. But an opening that merely rehashes old arguments isn’t convincing and misses the purpose of settlement; namely, to leave the parties better off than going to trial. In addition, a confrontational opening engenders the kind of hard feelings that drive parties even further apart, quickly derailing the negotiation.
In mediation, the most effective opening statements are those that engage our adversaries and create a sense of optimism about settlement. What can you say to keep their ears wide open to resolution?
Your first words and body language will have a lasting impression, so use them to build rapport and set a positive, constructive tone. Find a style that is natural and authentic for you, whether through small talk or humor, to establish a personal connection and convey your sincerity. Demonstrate that you understand how the other side feels about the underlying events. By acknowledging their perspective, you show that you are prepared to be fair and balanced. You can empathize, referring to specific facts and then relating them to your own life’s experience, while remaining loyal to your client’s cause.
These steps will signal your commitment to negotiating in good faith, hastening a more rewarding outcome.
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
Mark Loeterman Mediation
Email: Mark@MLmediation.com
