Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?
The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.
Previously, you were asked to pin point the exact time and place for your sense of betrayal, bad faith or loss of confidence in the agreement and other party. That is important because there is usually a time and place when you realize the agreement that you had developed with the other party is not work according to your hopes and dreams.
Now you need to determine how you evaluated the betrayal, bad faith or loss of confidence. It is often the same evaluation process you used to develop the trust and good will of the original agreement. Knowing how you evaluated both the original good will and now the betrayal will lead to possible solutions to the dispute. Was it because they stopped looking you in the eye? Was it a failure to return a phone call in a timely matter? Was it a failure to respect you and your time, expertise or property? With this knowledge you can then determine possible solutions to the dispute.
About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.
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