ZOPA and the art of making an offer at mediation
Making an offer is easy. Crafting an offer that tempts rather than offends your opponent requires preparation. In negotiation, an offer that offends is sometimes described as falling within the ‘insult zone’. The purpose of negotiation...
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Knowing when to mediate
When should you mediate? A day of mediation can be organised quickly at any point in a dispute. But how do you decide on the best time to negotiate? Mediating early ‘A stitch in time saves nine,’ goes the saying. This expression...
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Do you know your BATNA from your WATNA?
Is ‘no deal’ better than a ‘bad deal’? Away from its current political significance in the Brexit negotiations, being able to answer that question is an essential part of preparing for a mediation. What does 'no deal' look like?...
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Quick tips on preparing for mediation
Deciding to attend a mediation is an important step. Preparing for one increases the chances of a good settlement. Once the mediator is jointly instructed and the rooms are booked for the day, these are some of the important things that you should...
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Why mediate?
Mediation is not a cop-out. Far from being a poor alternative to litigation, mediation is an invaluable tool for litigators. It also allows people and organisations to control the outcome of their disputes. On the rare occasion that...
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Is your position against your interests?
Why do we want something? Many disputes are characterised by both sides taking hard positions on what they want. Those positions lie at the surface of any dispute and describe what a party wants but not why they want it. Two...
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Mediation as your day in court?
People want to be heard. This is particularly true of people in dispute. Most of us have experienced a falling out, whether business or personal. At these times, we are certain that the other side does not care to listen to our...
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