Page 39 - Becoming a Better Negotiator

cheaper, faster, and better process to explore and address those impediments. Although this person works essentially as a mediator, in Guided Choice the mediator does not focus initially on settling the case. Instead, the mediator works with the parties to first facilitate a discussion on procedural and potential impasse issues and help them analyze the causes of the dispute and determine their information needs for settlement.
The mediator works with the parties to design a process best suited for an early, but educated, settlement negotiation. The objective is to find a process that avoids unnecessary cost but ensures that the parties have the opportunity to fully develop the law and facts so that they make an informed decision regarding settlement.
Another key aspect of Guided Choice is the commitment to keep the facilitator or Guided Choice Mediator involved in the negotiations if the initial process reaches an impasse. Far too often in our civil practice, mediation is a box that the Court requires be checked or counsel believes is concluded at the end of the initial substantive negotiation. Guided Choice anticipates the neutral’s continued involvement.
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