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The Role and Influence of Mediators in Negotiation Processes

Mediators play a crucial role in shaping the negotiation process, despite not controlling the final outcome. They influence which issues are discussed, set deadlines, and guide parties during caucuses. A mediator’s primary goal is to facilitate a settlement by bringing parties together and enhancing communication. During the initial session, it's essential to present your case confidently and ensure all viewpoints are acknowledged. Visual aids can strengthen your arguments, and thoughtful meeting formats, like joint or principals-only sessions, can enhance the negotiation experience.

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The Role and Influence of Mediators in Negotiation Processes

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  1. Mediators have power: • They do not control the outcome of bargaining • They do have substantial control over the process

  2. The mediator moderates the negotiation: • Influences what issues are discussed • Sets deadlines • Especially true when disputants are in caucuses

  3. 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

  4. 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!

  5. 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

  6. 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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