Mediation is always going to require some level of negotiation, which obviously means you will have to consider what your counterparty wants.
However it can be easy to get so caught up in what they might be thinking that it becomes detrimental to the process.
For example parties are often hesitant to accept (or will flat out reject) a good settlement offer because they don’t think their counterparty deserves to be let off the hook.
Alternatively they may not want their counterparty to think they got the better of them. If you find yourself in such a situation, ask yourself two questions:
- Regardless of your counterparty, is it a good deal for you and/or your business?
- Would you cut off your nose to spite your face?
You are in dispute because you want to achieve something. It probably has to do with money (after all this is a commercial mediation), but in any case if you want the best outcome for you and/or your business, sometimes the best thing you can do is to stop thinking about 'them' and start thinking about you.
|All of our mediations are dealt with by Chris Raske. In addition to being an accredited civil and commercial mediator, Chris is a Senior Dispute Consultant for IT Group’s commercial dispute team. In this capacity Chris has acted as both project consultant and expert witness for clients who are either thinking about or have already commenced the litigation process.|