Joseph Mediation

When negotiating, you don’t want to over-shoot and end up in the realm of diminishing returns.

During negotiations, you need to keep in mind the distance between you and the other party and check:  Is it more than what you’ll spend or lose if you don’t settle?

This question can come up right away, or as far in as impasse.  Beware, though, it’s typically clouded by a fight over principles.  Certainly, principles have their value, but principles aren’t negotiable.  Negotiation occurs over pragmatics.

I encourage you to keep your eyes on your objective – your achievable objective – and carefully recognize when you might be about to exceed the point of maximal opportunity.  Decide what you want to pay for, or not.

If you’re at a point of considering third-party help, you owe it to yourself to know *about* your options.  Litigation is certainly one valid option, but do you understand its implications?  How about in contrast with another option?

Here’s a brief overview that compares litigation with mediation.  Continue reading →

I am humbled on a regular basis as a mediator.  One occasion is when someone acts on the power to let go.  Not an easy thing to do.

In a recent mediation over alleged pregnancy discrimination, the employer’s lawyer had his job cut out for him.  He’d have to overcome inappropriate comments in response to the plaintiff’s report of her pregnancy, soon followed by a suspiciously reasoned termination, among other challenges.   Continue reading →