Never Give Up: Perseverance In Mediation – And Life?
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In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance.
• It is really important not to assume that what the other side say is what they really mean
• Even if it is what they mean at a particular point in time, that may change for a number of reasons
• Your job (as lawyer/mediator) is to challenge assumptions and keep looking for new angles and ways to see things
• That involves the classic techniques of really good questioning, really keen listening, reframing the words/topics, getting under the surface (again and again), changing the environment and/or the participants, constantly benchmarking against the alternatives, teasing out the various options however obscure
• You must maintain good relationships with all those involved: they are nearly always trying their best and you don’t know who may hold the key or act as a tipping point
• And remember the outside constituencies (shareholders, lenders, government officials and ministers, business and life partners) whose needs and interests may be crucial – and therefore to whom you may need to help either party build a bridge.
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