The title of this interesting article, Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, is a little misleading. A good mediator should never get annoyed with you or anyone, for that matter. The more important thought is you should never annoy the other side or your own client. I agree with the author that not having the person with real authority at the mediation can be frustrating. However, with Online Dispute Resolution becoming the “New Normal”, the person with real authority can easily attend the mediation, virtually, without the necessity and expense of travel. Being a “Hyper-Aggressive Advocate” can be counterproductive. Try not to draw a line in the sand. Remember, sands and mediations are always shifting. Mediations are collaborative exercises with you and your client working together with the other side to reach a resolution of the dispute. Finally, be prepared. A good tool in preparing for a mediation is the Mediation Statement. Crafting the Mediation Statement, with your client, allows you to have a real discussion in which you go over the strengths and weaknesses of their case. The discussion should include an explanation that during a mediation a willingness to negotiate and compromise is essential to a successful resolution. Click here to read the article.
