To avoid breakdowns in negotiation/communication during a mediation session, try the following:
- Ask for joint sessions between the mediator, all counsel and both parties so that everyone is hearing the same information as arguments are presented and finer points are debated.
- Have the mediator urge both parties to decide on a range of compromise.
- Ask that the mediator highlight how parties are drawing closer to settlement by showing both sides how much closer they are to compromise from where they started.
- Privately negotiate with the mediator regarding your bottom line and ask that he not disclose this to the other side.
- Ask the mediator to present a conditional offer within the agreed upon range of the other party.
- Have the mediator make a proposal to both parties privately in the hopes of settlement.
For more information see: