06 Jun Mediation: Whats your 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:-
- PreparationHave you objectively reviewed your position in advance of the mediation?
What do 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’s face?
Have you produced a breakdown of your costs to the end of the mediation?
Remember – you are preparing for peace, not war.
- StrategyHow 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 mediation.