Mediation “Game Plan”

Every professional sportsman has a “game plan” – a plan to get the best possible outcome from their next performance.  Mediation is no different – to get the best possible outcome you need to prepare in advance.

The “game plan” for a mediation is very simple:

Preparation

• Have you objectively reviewed your position in advance of the mediation?

• What can you realistically hope to achieve at the mediation?

• Do you know what the key issues at the mediation are likely to be?

• What key risks do you/your opponent face?

• Have you produced a breakdown of your costs to the end of the mediation?

• Remember – you are preparing for peace, not war.

Strategy

• How am I going to craft my first offer to make it attractive to my opponent?

• What key messages do I want to get across?

• Don’t pursue hopeless points – it merely undermines the good points you have.

• Tantrums and bad manners do not help.

• Have an open mind – you might find out something at the mediation which has a material impact on your previously held views.

• Make the most of your mediator – they are there to help.

So, if you are attending a mediation have a “game plan”, but be flexible enough to adapt your “game plan” if new risks or issues emerge during the course of the mediation.

Charles Powell

Hexagon Mediation