Concessions are inevitable in the mediation process. No one likes to make concessions, but to move the mediation process forward toward its goal of reaching a settlement, both sides must make concessions. Without concessions, very few mediations would end successfully. The key is knowing when and how to make the right concessions.
Some attorneys view any concessions as a sign of weakness, which is a mistake. They fail to appreciate the positive effect that concessions have on the outcome. Treating concessions as a sign of weakness may lead to a deadlock if it causes the opposing attorney to become inflexible.
This is when the mediator can help keep the negotiations on track. The mediator can work with each side privately, and suggest concessions that the other side can accept. It’s also helpful when the mediator reassures each party of the good faith on the other side, and that both sides are “feeling pain”. It is important for the mediator to help each side minimize the loss of confidence by the client in his or her attorney.
Understanding the value of concessions, with the mediator’s help in shaping concessions, will contribute to the overall success of the mediation process.
Floyd Mediation Group, LLC has been helping individuals and businesses make informed choices. We assist clients in making sound legal decisions while meeting the guidelines of applicable laws and regulations. Any legal dispute can drain valuable financial resources, so mediation can be instrumental in reaching an effective and reasonable resolution.
