The goal of this
phase of the mediation is set aside our litigation "frame of mind,"
and work together to see if we can find options that serve our interests better
than proceeding to trial and appeal. This involves the following:
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What are the
parties’ needs for a
solution? What issues are important to
each party, and why? (As regards the lawsuit and the parties past and future
relationship). |
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For a comprehensive settlement, what issues do we need to resolve by
negotiation? |
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Brainstorming: Can we search for creative options for resolution (adding
issues for resolution, perhaps combining or separating issues)? |
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Exchanging options and making proposals for resolution. Can we look for
"productive compromises" and "improvements" to the best
options found. We should then compare options presented with our
"Interests" – Which options best satisfy our Interests? |
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Analytical
approaches to the search for resolution options call for the
construction of a template of potential resolutions, as
described in the following page. |
Copyright ©2002 Joseph P McMahon
Jr.
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