Do You Prepare to Negotiate?

The ADR TImes has a very useful publication titled 7 Tips to Victory in High-Stakes Negotiations that is really worth reading. While it has an unfortunate title when considering dispute resolution methods like mediation — where the only winners are the parties who reach resolution — there are decent points:

• Prepare for Negotiation

• Analyze Business Relationships

• Identify Each Party’s Commitments

• Build a Healthy Relationship of Trust and Faith

• Look for Creative Solutions Together

• Avoid Barriers to Settlement

• Finalize an Agreement that All Parties can Accept.

Most mediations involve parties who have not given deep introspection as to workable resolutions. Their views on resolution tend to be “I want X” and expect to get it. Some views will go one step further and say “I’m want X but I am willing to accept X minus Y%”. Very view look at mediations and think “Both parties should be able to meet at Z. Let’s figure out how to get there.”

As I have long preached, the more prep that goes into a case FOR mediation, the higher the chances of successful mediation are.