Page 20 - Becoming a Better Negotiator
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ammunition for this process. If the mediator challenges one side with her own evaluation, virtually everything that comes next from the mediator may be perceived as defending her own opinion. A good negotiator is prepared to arm the neutral with supporting law and/or evidence so that the neutral can remain neutral.
Building Trust
Another no-brainer concept: being effective as a negotiator in mediation is usually not a function of how aggressively you can advance your client’s position. It is possible to advance that position while conveying to the opposing party the sense that you remain open-minded. Maintaining neutrality is one of a good mediator’s most important tasks. The ability to convey some semblance of neutrality and objectivity will also make you a more effective negotiator.
Imagine the opposing party thinking that you are more objective than their own counsel.
Make Principled Demands/Offers
Tied in some ways to the concept of price anchoring described below, making reasonable and principled demands/offers -- especially the first offer/demand, will begin to build some trust between the negotiating parties. Concessions or compromises should also be tethered to
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