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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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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
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 • 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 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 typically use private caucusing • Consider asking for joint meetings • Consider asking for a “principals only” or “attorneys only” meeting
