Task #13: In a dispute, how did the relationship change?
How did the relationship change? 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.
At some point in the past, you thought you had a good relationship. What happened? What were the important changes to your understands as the situation developed and changed? Why did the honeymoon end? Obviously, your vision of what was supposed to happened did not materialize the way you thought it would. You need to clearly outline what exactly happened to be able to find a way forward. This is an important exercise for two reasons. First, you do not want to repeat the actions that got you into the current dispute. Second, without knowing how you got here today, you will not be able to find a successful way out of 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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