Page 17 - Becoming a Better Negotiator
P. 17

  MORE EFFECTIVE MEDIATION
PEffective Openings
repare a statement of your client’s position that is less argument and more statement of fact and rational conclusions. Remember
that the objective is to convince the other side that your position has merit or that theirs does not. The statement – like everything an advocate does in mediation – should be designed to make the opponent insecure in their position. Rarely, if ever, do accusations of bad character or bad faith contribute toward this goal. These statements are far more likely to end any serious consideration of your statement.
The most effective opening statements are those made directly to the opposing party. Obviously, you are trying to educate the mediator as well, but the primary objective should be to put doubt in the mind of the opposing decision-maker.
PowerPoints
Some of the most effective opening statements involve the use of a PowerPoint. Some of the least effective opening statements involve the use of a PowerPoint. The
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