Mediators have power
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Mediators have power:. They do not control the outcome of bargaining They do have substantial control over the process . The mediator moderates the negotiation:. Influences what issues are discussed Sets deadlines Especially true when disputants are in caucuses.

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Presentation Transcript
Mediators have power
Mediators have power:

  • They do not control the outcome of bargaining

  • They do have substantial control over the process


The mediator moderates the negotiation
The mediator moderates the negotiation:

  • Influences what issues are discussed

  • Sets deadlines

  • Especially true when disputants are in caucuses


A mediators goal is to find a settlement
A mediators’ goal is to find a settlement:

  • Neutrals are often open to an advocate’s suggestions

  • Wise lawyers intervene actively to shape the process


The mediator brings the parties together
The mediator brings the parties together

  • Mediators influence when the parties stay together and separate

  • The opening session is a unique opportunity to speak directly to the other party

  • Don’t waste it!


The mediator brings the parties together1
The mediator brings the parties together:

  • Talk directly to other side

  • Present case confidently, but not adversarialy

  • Show that you hear their viewpoint

  • Use visual aids to support your points

  • Consider having your client or expert speak


Mediators decide the format
Mediators decide the format:

  • Mediators typically use private caucusing

  • Consider asking for joint meetings

  • Consider asking for a “principals only” or “attorneys only” meeting


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