10
Mistakes Even Good Mediators Make
-
Failing to get the right persons at the table.
-
Failing to explain
the mediator's role as "agent of reality."
-
Permitting settlement
negotiations to begin prematurely - i.e.,
a. prior to permitting the parties to vent;
b. prior to risk analysis and reality testing.
-
Failing to orchestrate the negotiations:
a. by discouraging "out of the ballpark" offers or demands;
b. by discouraging moves that send the wrong signal.
-
Failing to recognize that unrealistic expectations must be
lowered gradually.
-
Being evaluate (a) too early or (b) in a joint
session.
-
Failing to suggest ways to avoid reactive devaluation
of sensible settlement proposals for the adversary.
-
Believing "bottom line" offers
or demands.
-
Failing to "test the waters" before making a mediator's
proposal.
- Being impatient or failing to be persistent or giving
up prematurely.
|