1. Be Open-Minded, Creative and Flexible - there may be a solution to the problem you have not yet considered… or an option you have dismissed may be able to be adapted. Be prepared to explore all options.
2. Prepare - who are you negotiating with? what are your best and worst case scenarios? what are theirs? Find out what you don’t know in advance of mediation and be ready to answer the tough questions so they don’t take you by surprise. Always have soft copy draft terms of settlement on hand; it can shave hours and $$$’s off your mediation.
3. Set the Tone - differences aside, be courteous and respectful – you are more likely to have your point of view heard. Puffing up your claim, or bringing anger, bluster or threatening tactics, will likely get the same in return. Rather, try to be collaborative in joint problem solving.
4. Listen and be Curious - to learn their interests and needs - what is behind their words? Ask appropriate open questions to better inform you of their point of view. By understanding what makes the other party tick you can often find out what solutions are available.
5. Acknowledgements and Concessions - should be made when appropriate (refer to my earlier post on Acknowledgements), by looking for ways to build report you can disarm the other party and thereby turn focus on what really matters #disputes #mediation #disputeresolution #negotiation #tactics