I often talk about winning at mediation: the idea that you are an advocate, and there is a big difference between settling and getting the best result for your client. Sometimes, though, the challenge is getting the deal done. It’s amazing I often help the parties move hundreds of thousands of dollars closer fairly quickly, only to spend much more time and energy bridging a gap of less than $10,000.
We all know that there is a lot of psychology driving negotiations. Often, the impediment is that no one wants to feel as though they gave in and accepted the other side’s offer. As a result, even though the difference between each party’s position is nominal (say, $36,500 vs $40,500), both parties will continue to make counter-offers.
So how do you get to a deal? Here a few suggestions based upon my experience and observations mediating disputes: