Negotiation can be a tricky business. You only need to look at the Brexit talks to see that. Having a clear strategy can maximise your chances of success.
Taking a hard line could be your approach, but is it likely to be effective when it comes to mediation?
Playing hardball
Taking a hard line might seem like a logical approach to some. You make it very clear from the start what your position is.
The other parties can then choose whether to accept it or not. You are up front, and keen to maximise the time spent in mediation, without simply paying lip service to niceties.
Escalating the issues, rather than resolving them
Unfortunately, this usually comes across as an aggressive immovable approach. Rather than bringing people on board, aggression can make people feel defensive, angry and aggressive in return.
It can cause them to shut down. Instead of opening up lines of communication, it may drive parties further apart.
Collaboration and communication
In my experience, a collaborative approach is the best approach when it comes to mediation.
For mediation to work, all parties need to come with an open mind. That means really coming with an open mind and not just coming to negotiate on their own terms.
They need to make resolution a priority and be open to accepting some share of responsibility. Conflict management can help separate the problems from the people involved, develop mutual respect and enable parties to uncover solution options together. This should be a collaborative process, respecting everyone’s needs and interests, not just your own.
This means being prepared to go outside one’s comfort zone (sometimes way so) in order to encourage the other party to do likewise
Taking a hard line may often be counterproductive and simply entrench people in their own positions and take the case one step closer to a time-consuming, emotionally draining and costly court battle.
Once in court, there can only be one winner. But with mediation, those involved can work together to come to an agreement where all parties win and everyone can move forwards.
As an experienced and innovative Mediator, accredited in Business Mediation for Commercial and Residential Property, Construction, Business and Commerce, Retail, Restaurant, Healthcare, Franchising, and financial related disputes I can help.
With over 33 years’ experience as a property solicitor I am fully versed in the legal framework of property and business disputes, and passionate that mediation provides a fresh approach, with a 75% success rate.
