Assessing your case from your side’s point of view is critical. But it won’t get you far if you don’t pay attention to your opponent’s needs as well.
Here are three tips to help you move from conflict to resolution.
- Spend time sizing up the case from your opponent’s point of view. They are most likely to see things your way if you can pitch your case to match their needs.
- Mediation may be the only opportunity to direct information to the client without the attorney filter. Present information in joint session or through the mediator to appeal to the client.
- Assess your litigation budget—and your opponent’s. Look beyond the dollars. Before you head to mediation, draft a plan for discussing the time and energy that will be required as well as the emotional investment.
Every negotiator would love to get everything they want. That’s not likely to happen. Try to fashion a compromise that appeals to the parties’ needs.