Every month, I bring you a new slant on how to negotiate better and how to succeed at mediation. Sometimes, I call a book to your attention. And sometimes, the compelling message is simply, “Shape up.”

Teddy Snyder

Here is a reminder of some of those classic messages.

Mediation misconceptions

Misconceptions about how mediation works persist. Clients are afraid of a bad outcome. It is up to counsel to explain that there can be no result that the client does not agree to.

Mediation can save time, money and stress. Unfortunately, some attorneys also shy away from the mediation process due to their own unfamiliarity. If that’s your opponent, encourage that person to have a short conversation with the proposed mediator, or maybe have that conversation yourself. There is no fee, and all pre-mediation communications are confidential.

Tricks of the trade

Experienced negotiators have developed a tool kit of techniques. These include logrolling, an approach to negotiating across issues, rather than tackling issues in seriatim. Another is to use magic words, a technique to use language in very calculated ways to get the result you want.

Get with the program

Winning in mediation, i.e., getting the best reasonably possible outcome, requires work. Yet, some participants breeze in when it is clear they have done almost nothing to prepare and barely participate in the proceedings. Guess what? Ain’t no fairy godmother coming to help you.

You can’t control how well your opponent has prepared. You might think that you will have the upper hand against an unprepared opponent. Actually, it is difficult to negotiate with someone who is barely familiar with the issues.

The one thing you can control is how well you have prepared in advance of mediation. One way to do that is to imagine yourself arguing your opponent’s position and coming up with every possible rebuttal. This steelman technique contrasts with the way many professionals approach negotiation, which is simply to deny that there could be any view other than their own. Unsurprisingly, those people have trouble getting to resolution.

Knowledge there for the taking

It’s not easy, but it’s simple. Pay attention to these tips and advice to improve your negotiation techniques and achieve the optimum results.

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