Visit Us On TwitterVisit Us On FacebookVisit Us On Google PlusVisit Us On PinterestVisit Us On YoutubeVisit Us On LinkedinCheck Our Feed
CLOSE

How Can A Mediator Help Your Team Prepare For Complex Negotiations..?

 

Mediators In Negotiations

  • You’ve seen how mediators can help one organizational team prepare for a complex negotiation. But what about when litigation looms?
  • When faced with a trial, a corporation sometimes engages one law firm to represent it in court and a second law firm to explore settlement possibilities.

[adburn limit=1 case=42838]

Negotiations: The Second Law Firm…

  • According to conventional wisdom, the second law firm should be more capable than the first of dispassionately assessing the parties’ legal strengths and weaknesses and communicating that view to the client, which can then determine an appropriate settlement position.

Negotiations: Exploring Interests…

  • Yet many negotiation experts would argue that reaching settlement is less a matter of determining which disputant is “right” (or more likely to prevail in court) and more a matter of exploring disputants’ underlying needs or interests in search of a mutually agreeable settlement. This approach to resolving disputes is not necessarily the strength of law firms – but it is a core competency of experienced mediators.
    Litigation-coding

    Litigation-coding (Photo credit: Wikipedia)

Negotiations: Tasks For The Mediator…

  • Thus, an organization faced with significant litigation should not content itself with obtaining legal advice to determine its settlement posture. It should also employ an experienced mediator for assistance in:
  • uncovering its interests in the pending litigation
  • prioritizing those interests
  • thinking about the interests and likely priorities of the other parties
  • and developing an organizational settlement position that accounts for these issues.

Negotiations

Image by Jonny Goldstein

litigation – definition of litigation by the Free Online Dictionary …

Also found in: Medical, Legal, Encyclopedia, Wikipedia, 0.01 sec. lit·i·gate (l t -g t ) . v. lit·i·gat·ed, lit·i·gat·ing, lit·i·gates. v.tr. To contest in legal proceedings. v.intr.

Mediator-cropped

Mediator-cropped (Photo credit: Wikipedia)

What is Litigation – Litigation Definition

Litigation (n.) is the process of taking a case through court. The litigation or legal process is most common in civil lawsuits. In litigation, there is a plaintiff (one 

business deal – The Free Dictionary

Noun, 1. business deal - a particular instance of buying or selling; “it was a package deal”; “I had no further trade with him”; “he’s a master of the business deal“ 

Enhanced by Zemanta

What Next?

Related Articles

Animated Social Media Icons Powered by Acurax Wordpress Development Company