6-Point Plan for Successful Mediation
Gone are the days when employers can act unreasonably towards employees and get away with it; gone are the days when suppliers can deliver shoddy goods and expect still to get paid and gone are the days when we can get away with delivering poor value for money to customers. If you’re in business you’re going to have disputes – be they with employees, suppliers or customers. What you don’t want is to get into the business of constantly battling out those disputes in the court room.
If you are planning to try mediation follow the Human Law Mediaiton 6-point plan for mediation success.
Plan & prepare in the right way
The most successful negotiators are not those that are gifted but those that have in fact given careful consideration to the issue at hand. This can manifest in researching your position and the other sides, your aspirations and those of the other side. If you start thinking what are your best-case scenario, your worst case and giving thought to the concessions that you will make, this sets the basis of having a successful negotiation.
Listen more than you talk
All of us like to express ourselves but often when the other side (or in the case of a mediation, the other side and the mediator) is talking they reveal some information about their desires for the negotiation. Often this can be part of an area of overlap and can be all the difference between the deal being reached or not and enabling you to successfully negotiate more effective terms.
Keep emotions in check
In my experience many people get far too emotional when they negotiate. Emotion is not necessarily a bad thing as it shows motivation. However if you lose control the chances are that you make some form of error which may come back to haunt you in the negotiation process. If you have researched your position carefully, anticipated some of the issues which may come up, then this puts you in a better position to negotiate.
Balance aggression against co-operation
Often individuals can think that the best way to negotiate is by being aggressive. As a mediator I don't agree and believe that the best result can come from a softly, softly approach. According to research conducted in the United States up to 87% of negotiators performed more effectively when they were co-operative whereas those that considered themselves aggressive negotiators 85% of them were found to be ineffective. As a consequence it can be assumed that the aggressive negotiator will only see his or her tactic work in 1 in 6 cases. For a lawyer or mediator this is probably an unacceptable fail rate, so learning another way is well worth while. Food for thought for negotiators who believe that to get the best deal you need to project strength.
(Generally) make the first offer
When people are negotiating many people like to see the other side make the 1st offer but is this the best way? According to Leigh L. Thompson, author of The Mind and Heart of the Negotiator it is not as she writes: "Whichever party - buyer or seller - makes the first offer, that person obtains a better final outcome. Why? First offer acts as an anchor point. First offers collate at least 0.85 with final outcomes, which suggests how important they are." In my experience there are circumstances when you should not make the 1st offer such as if you are dealing with a party who may be desperate to get a deal but generally you should make the 1st offer albeit not too low so that it is accepted straight away.
Select the right mediator
A mediator must bring a different skill set and perspective to the problem or they won’t add value.
Look for a mediator who can balance complex the legal aspects of a case with the intangible emotional, reputational and managerial challenges.
Always select a mediator who shows dogged determination, a thorough grasp of the legal issues but one who doesn’t switch off to the business and emotional issues too. Look for one who takes pride in the result, as opposed to relishing the challenge of the dispute itself (that’s an interesting point to consider when you appoint lawyers too!).
A good mediator will get to the truth of a case quickly and make sure there’s a balance between reality, desire and expectation.
If you are going through a mediation for the first time this model and the 6-steps could prove invaluable in making sure you don’t trip up in coming to a mediated settlement.
Free mediation assessment
Unsure whether your dispute could be settled through mediation?
Take advantage of a free half hour telephone assessment with Human Law Mediation. Complete our enquiry form here or call Human Law Mediation on 0844 800 3249.
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