- You have already explained your side of the dispute; mediation is not to argue your merits but to reach a deal… the best of a bad situation. If the only option is full payment, negotiation is not really appropriate.
- Consider all elements of your claim including under settling, omitting important issues (time for payment) and RISK of failing to mediate and having to go to court.
- PREPARE:-
- Have all figures / losses / costs clearly set out;
- Set limits;
- Assess your Best Alternative to Negotiated Agreement: – What is the cost if negotiation fails- in time and fees?
- Ensure that you have written authority to settle at agreed limits;
- Consider various bargaining points- Payment of money – Time for payment – Payment in kind – Post-dated payment- transfer of assets;
- Consider concessions- what you can sacrifice and what you can give;
- Be CALM! Consider how someone would persuade you- with warmth and respect or with Demands. It’s warmth and respect isn’t it?
- Consider the costs and risk of both parties of not reaching a deal – be prepared to communicate this with honesty.
- Be realistic in your approach and consider 50:50 as a starting point and work from there.
- Consider making the first offer and any concessions. Allow the other side to believe that they are getting the better settlement.
- Have the “I WILL SETTLE THIS TODAY” mindset. Pre draft a number of acceptable proposals and the margins of acceptable reduction to each proposal.
- Ensure people with knowledge of the dispute are available.
- Even at mediation new facts can arise. Take time to reassess your case if necessary… don’t be afraid of seeking a short break to re-consider.
