Make the Most of Your Mediation: Effective Negotiations

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Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome:

1. Bring everything you need to settle completely. Before the mediation, think about what you will need to settle the case in its entirety. Perhaps it is a document, such as a settlement agreement, release of lien, escrow instructions, quitclaim deed or dismissal with prejudice. Maybe it’s your client’s checkbook or certified funds. Perhaps it is something intangible, such as tax advice or a reduction of a medical lien. Whatever your case might need to settle it once and for all, have it with you at the mediation. If closing documents require notarization, arrange to have a notary at the ready. The best time to hammer down loose nails is when parties are face-to-face and focused on resolution. Knowing in advance what you need to settle reduces the possibility of overlooking some detail and gives you a template for working with your opponent. Plus, it really enhances the giddy factor when, for example, the contractor walks out with a check in his hand and the homeowner has a notarized release of mechanic’s lien in hers.

Originally published in Law.com on November 12, 2014.

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