On occasion, your opponent in a mediation may take a position that threatens to thwart further negotiations. For example, he or she may present you with an insulting opening demand or offer. Unless and until your opponent demonstrates that he or she is willing to negotiate in good faith, you may be inclined to respond in kind or, worse yet, end the mediation. However, your opponent may be unwilling or unable to present you with a reasonable demand or offer for fear of looking weak or losing face in front of his or her client.
Other times, your opponent – frustrated by the slow pace of negotiations – may prematurely present you with a “take-it-or-leave-it” demand or offer which you are not authorized to accept. When you reject it, your opponent may feel he or she cannot continue to negotiate without losing credibility and, therefore, bargaining strength.
Still other times, your opponent may adopt an inflexible view of the facts or law, leaving no room for further discussion or compromise concerning the core issues which frame the dispute.
When your opponent takes a position which threatens to close the door to further negotiations, consider working with your mediator to find a graceful exit strategy for your opponent, i.e., one that will allow your opponent to continue negotiating without losing face. When you are able to help your opponent to save face, negotiations often resume with greater cooperation and flexibility, which, in the end, will generally benefit your client.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal
fjs@fjsmediation.com