When Negotiating, Make Tapered Concessions to Send a Consistent Message
When negotiating, send a consistent message. Avoid yo-yoing, i.e., do not randomly intersperse large and small moves. Instead, make tapered concessions. Make your largest move
Put yourself in the Other Room
Parties at a mediation tend to focus on their own wants without regard to the needs of the parties against whom they are negotiating. Each
Focus Your Clients on Options Available in the Real World
A mediated settlement is based on compromise. Yet all too often parties believe they should get everything they want. It’s the mediator’s job to get
Don’t Be the First to Quit
Your primary purpose in attending a mediation is, of course, to settle your case, but once you realize that a settlement is not likely going
Don’t Propose a Link or Bracket Move Prematurely
A link or bracket move, i.e., “We’ll increase our offer to X if you reduce your demand to Y,” is a useful negotiating tool that
Let the Mediator and Opposing Parties Know When You Are Approaching Your Final Offer
Opposing parties – and mediators – tend to be skeptical that “final offers” are really final. To convince opposing parties that your final offer is