Eight ways to prepare the other side for the negotiation or mediation

Yosemite Falls - prepare — Prepare for Mediation

Prepare for mediation and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER:

How to prepare the other side for the negotiation or mediation
• Don’t burn bridges! Be polite and collaborative. Seek a “win-win” solution.
• Recognize that they are key players, have egos and have to justify any settlement.
• If plaintiff counsel, make it easy for them to give you what you want. Don’t hide the ball. If defense counsel, strategize the negotiations in advance, including contents of briefs.
• Provide all decision-makers with enough information well before the mediation session. Tell them what you want and why you want it.
• Have necessary corporate resolutions, powers of attorney and other written authority.
• Construct a day in the life of the client
• Reconstruction of accident or event
• Send copies of the mediation brief and other information with the request that it is sent to the adjustor and/or other stakeholders.

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.