Add Your PerspectiveJanuary 27, 2010

New Information: One Way to Help Your Client Save Face

The mediation had dragged for an entire day, and we hadn’t made much progress. The other side said they couldn’t give any more, and we wouldn’t, either. The mediator’s proposal that followed was the best deal we’d ever get and, frankly, it was the right number. But my client’s COO reacted instantly, calling in a “no” on his way home. Our answer was due to the mediator in in 24 hours.

As I prepared to discuss the mediator’s proposal with our executive team and the COO the next day I realized my client might have painted himself into a corner — after a good night’s sleep I was confident he would want to change his mind, but sometimes it’s not that easy.

Only Two Ways to Get the Case Settled

I debated how to settle the case that day, and there were only two ways to get it done: with my COO or without him. I could gather the facts and work to More…

Categories: Communication,Mediation,Negotiation,Settlement,Tactics

3 PerspectivesJanuary 6, 2010

Zen Unicorn: 4 Mediator Marketing Lessons from Seth Godin

Marketing guru Seth Godin isn’t a mediator and, as far as I know, doesn’t even know what one is, but that doesn’t seem to matter.  From my perspective — the perspective of one who often selects the mediator — the marketing lessons in Zen Unicorn are tailor-made for mediators and settlement professionals.

Godin has written more than a few books already, but his recent Zen Unicorn is a great idea.  It simply rolls up some of the best posts from his blog over the past 3 years and presents them in a click-free, Kindle-only ebook.  Four of those posts, and why they’re relevant to mediators, include:

Make something happen

“The best time to plant an oak tree is 20 years ago, and the second best time is now.” I don’t know who said it, but it certainly applies to marketing.  In Make something happen Godin tells us to More…

Categories: Blogging,Communication,Mediation,Miscellaneous

5 PerspectivesDecember 15, 2009

Insurance Coverage: 4 Rules and 10 Tips for Policyholders

When the big case comes in, will you be ready for it?  As you work to better understand your story, lock down your documents, and brace for the PR impact, what else do you need to worry about?  Unfortunately insurance coverage is often way down the list — a mistake most don’t realize until it’s too late.

Recently the ACC Docket featured a piece that Wendy Toolin Breau and I coauthored on managing insurance relationships in the midst of significant litigation, entitled “‘Bet the Company’ Litigation from a Policyholder’s Perspective”.  Although you may want to read the entire article when your next big case comes in, the 4 rules and 10 tips we discuss appear below.

Preserving Insurance Coverage:  4 Rules

Insurance is a practice area unto itself, and there are few rules that apply in all situations.  But I have never seen an exception to these four:

1. Always act like a reasonably prudent insured. When confronted with a decision, what would you do if you were not insured?
2. Never try to outsmart yourself. Never rely on colluding with More…

Categories: Mediation,Miscellaneous,Negotiation,Settlement,Strategy

Add Your PerspectiveDecember 9, 2009

Delivering Bad News in Negotiation: 3 More Tips

Last week we discussed why a small group is usually a better audience for bad news in Delivering Bad News:  How Big Is Your Conference Room? Yet if small group delivery is not an option, what else can you do to get a difficult message across?  Three tactics come to mind.

Manage Expectations

Long Before the Mediation Starts. Last year I wrote Managing Expectations:  An Unexpected Lesson on the Bus to Hertz, and the lesson holds true in conference rooms, too.  Not so long ago I had a case against an online retailer whose CEO enjoyed an irrational confidence in his case. With our mediation just a month away, I knew we had to move the CEO much closer to reality to get the case settled.  Rather than surprise him at mediation with documents and bad facts he hadn’t yet seen — like the guys in my post last week did to me — I spent a great deal of time More…

Categories: Communication,Fundamentals,Mediation,Negotiation,Settlement,Strategy,Tactics