06 Jun Mediation “Game Plan”
Every professional sportsman has a “game plan” – a plan to get the best possible outcome from their next performance. Mediation is no different – to get the best possible outcome you need to prepare in advance.
The “game plan” for a mediation is very simple:
- Have you objectively reviewed your position in advance of the mediation?
- What can you realistically hope to achieve at the mediation?
- Do you know what the key issues at the mediation are likely to be?
- What key risks do you/your opponent face?
- Have you produced a breakdown of your costs to the end of the mediation?
- Remember – you are preparing for peace, not war.
- How am I going to craft my first offer to make it attractive to my opponent?
- What key messages do I want to get across?
- Don’t pursue hopeless points – it merely undermines the good points you have.
- Tantrums and bad manners do not help.
- Have an open mind – you might find out something at the mediation which has a material impact on your previously held views.
- Make the most of your mediator – they are there to help.
So, if you are attending a mediation have a “game plan”, but be flexible enough to adapt your “game plan” if new risks or issues emerge during the course of the mediation.