Page 29 - Becoming a Better Negotiator

Don’t Blindside The Other Side / Every Communication Is Part Of The Negotiation
Both parties come into a mediation with an expectation of how the negotiation will proceed. A defendant who believes the settlement value is cost of defense accomplishes nothing by insisting on mediation without communicating that expectation in advance.
MEDIATION THEORY 101 — UNDERSTANDING WHAT
Y O UTR M E D I A T O R I S D O I N G
here are numerous “models” of mediation, including facilitative, evaluative, transformative, narrative, explorative, etc. It
is beyond the scope of this paper to discuss all these various models
Facilitative v. Evaluative Mediation
In most States, mediators are trained in facilitative mediation practices. The training is centered on facilitating a discussion that encourages the parties to reach a compromise. The rules do not prohibit a mediator from providing the parties with his or her evaluation of the case.
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