Mediation Pro Tip: Leverage The Other Side’s Perspective

Here's a mediation pro-tip that many attorneys and parties overlook: carefully consider your opponent's objectives. When preparing for mediation, most people think about what they will offer and what their "bottom line" will be. But of course, none of that matters unless you can get the other side to agree.

Taking the time to analyze what may be motivating your opponent can be an extremely helpful exercise. Your client can often provide valuable insight, particularly if the parties are all in the same industry. Understanding what the other side really needs to obtain from a settlement can help you tailor your expectations and your proposals in ways that are more likely to resolve the dispute.

Litigants are often surprised when they learn their opponents' perspective on the dispute, even in cases where the litigation has dragged on for years. Sharing that information at mediation can help uncover new opportunities for compromise that may be extremely valuable for one side yet cost the other side very little.

For example, one party may not know that the other side is in the process of trying to sell their business, and structuring the settlement in a way that facilitates that transaction may make them willing to take less to resolve the case. Other examples include parties who are primarily concerned with ensuring the other side engages (or stops engaging) in particular behavior going forward, and are willing to modify their financial demands in exchange.

By delving into the issues in the case, and working closely with parties to carefully analyze each side's motivations and interests, I help guide the parties to a mediated settlement that makes sense. Mediators who simply serve as "message carriers" don't add much value to the process and are less successful at resolving disputes.

Feel free to reach out to me anytime at jim@baldingermediation.com or (561) 805-1545 if you have questions or if you're ready to schedule your next mediation. You can also check our online calendar.