Sending Messages With Numbers At Mediation
By Brian McDonald
It is time for you to file your mediation brief. Assume there have been no negotiations on financial matters or exchange of settlement figures. Who makes the first proposal? Should you?
- Do you intend to start at a reasonable level? (If so, your ability to make concessions will be limited. What are the expectations of the other side?)
- Do you intend to make a more aggressive initial demand? (You will have more room to make concessions.)
- If you put the first number out, what is your plan in this case-for realizing the settlement you want?
"Never say never, and never say always." The circumstances of each case (including the person negotiating for the other side) should dictate what tactics you use.
