You won the legal point and lost the deal
Early afternoon.
There’s an offer on the table.
Your client looks at you.
You give your advice.
They nod.
And they still want the other side to move more.
That’s where mediations slow → stop.
You explain your advice again.
More direct this time.
Spell out the risks clearly.
They understand you, but want more from the other side.
They might shift a little, but you can feel it:
less confidence in your advice, more second-guessing, the day dragging on.
They feel that doing nothing feels safer than choosing wrong.
The more certain you sound, the more you push, the less they move.
High standards look different:
You don’t push them into a decision.
You openly say what they appear to be worried about.
You talk through what each option means for them, not only legally.
You let your silence do its job.
You don’t overexplain or try to prove you’re right.
Now they start weighing options and trade-offs instead of protecting a position.
Same mediation.
Different result.
Why this matters
Under pressure, your advice can start to feel like you’re deciding for them.
The more it sounds like you're right and you've decided for them, the less they want to say "yes".
If you’ve seen a mediation derail at that point, this is a learned skill.
Final day to join the Mediation Mastery case study program inside High Performance Lawyers.
Email Louise@louisemathias.com.au for details and to see if we’re a fit.
Ready to put this into practice?
Contact Louise @ louise@louisemathias.com.au for your next mediation.
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Or fill out the application for High Performance Lawyers and let’s see if you’re a fit.
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