01 Jun Negotiation Strategy: 3 Key Considerations
Successful negotiation isn’t just about the numbers; it’s about what the numbers communicate.
Here are three points I encourage my clients to consider in mediation:
1. How The Offer Is Presented
By breaking an offer down into each head of damages, plus costs and disbursements, you help the other side better understand your assessment, including strengths and weaknesses.
Sometimes a single “all-inclusive” number is sufficient and effective. A broken-down offer encourages a dialogue about the merits of the case, while an all-inclusive offer shifts the discussion to the parties’ bottom lines.
2. The Type Of Movement Matters
Is the movement principled on each head of damages, percentage-based, incremental, or a significant all-in shift?
Each approach sends a different message about flexibility, confidence, and risk assessment.
3. How And When To Signal The Endgame
At a certain point, movement becomes about expectation management.
You may send these types of messages early in a negotiation or wait until you approach the end. Either way, signaling that a party is approaching its final position can help prepare parties for decision-making and prompt realistic reassessment if necessary.
The bottom line is that every offer in negotiation should carry meaning.
How do you think movement strategy most often influences outcomes in mediation?
ABOUT THE AUTHOR
Logan Cooper joined the Cooper Mediation team in November 2017 and devotes 100% of her professional time to mediating at roster-like rates. She has mediated over 600 cases in the areas of personal injury, long-term disability, employment, and other insurance-related disputes. She has handled global mediations, cases with multiple parties, self-represented litigants and cases with complicated technical and interpersonal challenges. Logan has been inducted into the International Academy of Mediators (IAM). The IAM is an invitation-only organization.
Logan can be reached at logan@coopermediation.ca or (416) 726-1344.To schedule a mediation with Logan, visit: https://coopermediation.ca/logan-cooper-online-calendar/.