Page 40 - Becoming a Better Negotiator
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CONCLUSION
Although the outcome of a settlement negotiation may depend to some extent on the mediator, the difference between settlement and impasse is far more dependent on the preparation and negotiation skills of the parties and their advocates. As is true with most aspects of litigation it is far more likely that a case will settle or that an impasse is well reasoned if everyone is prepared and understands what their mediator is trying to accomplish.
The information presented in this paper provides an outline of how to prepare for mediation and a basic understanding of the mediator’s objectives. There are a significant number of resources available — many are free — to learn more about different mediation disciplines, negotiation skills, and the psychology of negotiation but there is no substitute for experience.
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