Snyder: Ain't No Fairy Godmother Coming to Help You

Wednesday, September 11, 2024 | 0

I see parties in mediation who seem to think the facts and law of their case will magically change.

Teddy Snyder

They act like their position is the only tenable one; they give no credence to an opposing view. They don’t prepare for the mediation. Maybe they’ll get it together just before the trial; maybe they won’t. In the meantime, time passes, expenses mount and hostility increases, all of which make settlement more difficult.

You want a sprinkling of magic fairy dust? Here’s how to make that happen.

Prepare well in advance

Make sure your opponent has everything he needs to understand the value of your case. Secrets only result in unrealistic offers and demands. You must understand all the nuances of your own case and your opponent’s.

Understand the dynamic of negotiation

Negotiation is an exchange of information that results in reasonable give and take. If you come in like a bully, asking for the ridiculous and refusing to budge off your position, even a fairy godmother can’t help you. You are just wasting everyone’s time.

Mediation isn’t the place to try to crush the opposition. It’s about trying to find a resolution that benefits everyone. Successful negotiators work to understand each side’s needs rather than wants. They listen carefully. They propose reasonable solutions.

A settlement is a compromise. Make sure everyone on your team understands that as part of the preparation process.

Take advantage of the mediator’s skills

No, the mediator isn’t the fairy godmother you’re hoping for. But she is a neutral listener with loads of experience who can guide the parties toward a reasonable resolution.

She can help you identify issues, including some you may not have thought of. She can help parties brainstorm an array of solutions. She’s not going to give you the answers, but when you fully participate in the process, she can help you find them.

Time for a reality check

Nobody’s going to magically swoop in and resolve the dispute short of a risky trial or maybe even an appeal. The only people who can make this happen are the participants. Don’t wait for anyone else to take the initiative; that just leaves you in the same place.

Proactive negotiators keep working at it. They make successive settlement offers, even when the other side is not responsive. Don’t be afraid to initiate the settlement process. It might not be easy; negotiation is hard work.

The real magic of settlement is in your own hands.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.