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LEFT BRAIN APPEALS
The Negotiation Coach
In General
A big part of the mediator’s job is to provide information to the parties and their counsel regarding the proven principles and techniques of effective negotiation.
The goal is to get the parties to adopt an approach to negotiation that not only conforms to the conventions of the process, but significantly advances the prospect of achieving settlement.
Unless a party is about to make a serious mistake, a good mediator will usually refrain from providing advice as to the specific amount a party should: (a) adopt as its settlement goal; or (b) put on the table as an offer or counteroffer. He/she will rather explore the validity of the rationales a party has for its goals and offers. He/she will also seek assurance that the party and its counsel have carefully applied the negotiation principles that have been explained to them in arriving at their numbers.
This is done because mediation is a voluntary process, and the mediator wants the parties to take “ownership” of it.
The mediator also recognizes that the negotiation process will usually operate to correct an errant calculation.
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