Since mediation is nothing more than a structured negotiation, the more lawyers understand the art of negotiation, the better equipped they will be to achieve the best results in mediation. Mediator Trey Bergman says the way to win at mediation is through interest-based negotiation and a mutual working out of a solution to a shared problem. He offers tips on how attorneys can learn to better negotiate, including realizing that trying to win a mediation is like trying to win a marriage.
February 27, 2008 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Since mediation is nothing more than a structured negotiation, the more lawyers understand the art of negotiation, the better equipped they will be to achieve the best results in mediation.
Negotiation is a fact of life. Attorneys do it every day with their staff, spouses, children and colleagues. However, while most lawyers feel that they are excellent negotiators, some actually are poor negotiators, because they take the wrong approach to the negotiation process. They only want to win.
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