Increase the Likelihood of Success through your Conduct
“Nothing gives one so much advantage over another as to remain always cool and unruffled 
under all circumstances.”
~Thomas Jefferson
When your client attempts to settle a case through mediation, your conduct is directly related to the final outcome of the mediation process. Your conduct sets the tone for the mediation as well as the response of the other involved parties. When your conduct is professional, diplomatic and composed, you stand the best chance of seeing a favorable outcome.
Ways that your Conduct can increase the Likelihood of Success
- Be diplomatic in your presentation. Advocate your client’s position without alienating the other side.
- Avoid assigning blame whenever reasonable.
- Consider the power of apology.
- Utilize “active listening” to gain a better understanding of the other party.
- Maintain your professional composure and stay below your personal “boiling point.”
- Utilize forward thinking. Dwelling on the past doesn’t help to get the parties to a future solution.
- Focus on creative solutions. Is there a possible resolution that allows each party to claim “victory” or save face?
- Share information that motivates the opponent to make a decision. If you have a “smoking gun,” presenting it during mediation can increase the likelihood of settlement.
- Look for ideas that provide more value than cost.
Is your case ready for mediation? Click here to schedule your mediation or call (239) 213-0033.
