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Printable Handouts
Navigable Slide Index
- Introduction
- Talk theme
- Tactics must be modified
- Traditional approaches and an alternative
- The mediator's goals
- How can a mediator help?
- Talk outline
- Use mediation to "shape the field"
- A reluctant lawyer
- What are the damages?
- Influence the format
- Tete-a-tete
- Ask the mediator to focus on issues
- Causation confusion
- Ask the mediator to explore options
- A future relationship?
- Use a mediator to support a "hard" bargainer
- Use a mediator's perceived neutrality
- Ask for information about the other party
- Use a mediator's ability to play variety of roles
- Example: angry physician
- Use mediation to educate an unrealistic opponent
- An unrealistic client
- Use a mediator's impasse - breaking skills
- Thinking over an offer
- Preparing to mediate
- Selecting a mediator
- Who should be present?
- What format do I want?
- Educating the mediator
- Preparing the client
- Goals for the opening session
- Structuring an opening statement
- The opening statement
- Post-opening discussions
- The first caucus: information gathering
- First caucus choices
- The first caucus: bargaining
- Later caucuses (1)
- Later caucuses (2)
- Responses to impasse
- An option: modify the mix
- Other options
- Another option: suggest adjournment
- If mediation fails
Topics Covered
- Approaches to advocacy
- Borrowing a mediator's powers
- Selecting a mediator
- Securing presence of decisionmakers
- Premediation interventions
- Preparing the client
- Goals for the opening session
- Focusing the agenda
- Using the mediator's neutrality
- Asking for information
- Changing opponent's view of merits
- Choices and tactics for the first caucus meeting
- Resetting the agenda in later caucuses
- Influencing final offers
- Responses to impasse
Talk Citation
Golann, D. (2011, October 27). Negotiating through a mediator [Video file]. In The Business & Management Collection, Henry Stewart Talks. Retrieved December 5, 2024, from https://doi.org/10.69645/GQTS8493.Export Citation (RIS)