Apologies, if from the heart, can be effective in bringing the parties closer to resolution in a mediation or negotiation. There may be some attorneys who feel it’s just a tool to emotionally manipulate the other party to get a lower settlement cost. But, depending on the circumstances, the apology can help make the deal possible, not to reduce or increase the value of the deal.
The science behind apologies is discussed in a recent article of Psychology Today. Writer Guy Winch, PhD., states that an apology consists of three elements,
A statement of regret for what happened,
A clear ‘I’m sorry’ statement, and
A request for forgiveness.
However, to be effective, the apology also needs,
An expressions of empathy,
Offers of compensation and
Acknowledgments that certain rules or social norms were violated.
Some of us are better at apologizing than others and a half-hearted or mechanical apology can increase the animosity a party may feel and ratchet up a desire for retribution.
