HOW TO “WIN” EVERY MEDIATION

WinwinHOW TO “WIN” EVERY MEDIATION

TREY BERGMAN
Attorney – Mediator – Arbitrator
Bergman ADR Group

HOW TO “WIN” EVERY MEDIATION
By Trey Bergman

Be honest with yourself, isn’t that what you
go into every mediation as a lawyer wanting to
do?
You want to win every mediation. And since
mediation is nothing more than a structured
negotiation, the more you understand the art of
negotiation; the better equipped you will be to
achieve the best results in mediation.
Negotiation is a fact of life;
yo
u do it every
day with your staff, your spouse, your children
and your colleagues. Few things have more
impact on the long

term success of your business
than your ability to negotiate successful deals
with your clients, opposing counsel, landlords,
bankers
and other key constituencies. However,
while most lawyers feel that they are excellent
negotiators, they actually are very poor
negotiators, because they take the wrong
approach to the negotiation process. They only
want to
win.

This article is about how
to “win” a mediation or a negotiation through the
method of interest based negotiation and mutually
working out a wise solution to a shared problem.
This article will also help you to “win” by showing
you a better way to negotiate, where you no longer argu
e over positions, but instead focus on
interests and creating options for mutual gain.

HOW TO “WIN” EVERY MEDIATION

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