Before you engage in any negotiation, you need to prepare by understanding the issues from your point of view and your opponent’s.

Teddy Snyder

It’s not enough to have a general idea. You need to spend some time on this and record how you will address these issues.

Too many negotiators forget to pay attention to that agenda once the negotiation commences. They don’t listen to the other side’s information. Confirmation bias may lead them to not pay full attention. This can lead to missing important nuances that would otherwise be pivotal in settling the case.

Take notes

If you are creating notes to document a discussion, you have to be listening. While the mediator caucuses with another group, you will have an opportunity to review your notes. You might see a reference that needs to be followed up. Use the mediator to extract as much information as possible at the mediation. She can convey and resolve questions that could not be resolved in discovery.

If the case does not settle at that mediation, an accurate record of the negotiation will help you move forward strategically so you are in the best possible position for the next mediation session.

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