Educate. Don't Escalate

In mediations, it seems far too common that parties don’t try to work on educating the people in the room about their positions. Not advocating or pushing positions — educating. And, yes, there is a subtle difference. Education is more focused on the global perspective of the case. It’s about understanding the legal & real-world consequences of actions.

During negotiations, there often comes a time when “No” needs to said. But, as your mother always told you, it’s not what you say, it’s HOW you say it. “No” tends to escalate sensitive emotions. “No” creates umbrage, frustration, and anger.

But if “No” can be expressed together with a sense of education, then it’s different. It’s not about shutting down negotiations, it’s about shifting the narrative. It’s more like a “Yeah, but what about?” that encourages further discussion.

In your next mediation,when you get a point of “No”, think about how to educate, shift the narrative and continue pushing towards resolution.

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