I was with two lawyer friends on the weekend who are on vacation: one from LA, one from San Francisco.
He said you get good at negotiating just by doing lots of mediations.
So I asked:
What do you do when the other side won’t move?
Not wrong.
Just stuck in their position and range.
From there, most experienced barristers and lawyers recognise patterns and know how the day usually goes (and ends). Then....
They repeat their advice, with higher emphasis on the risks.
Push harder to get a resolution, often having to change their initial advice
Hope the mediator can get the other side and your clients 'there'.
Most spend the day managing their reputation and their client.
More offers.
Less movement.
Then “last offer” - take it or leave it.
Nothing unusual happened.
That’s the point.
It wasn’t a legal problem.
Experience helps recognise patterns, but it doesn't help barristers and lawyers excel in mediations because they aren't trained to manage:
Human dynamics.
Communicate (timing, framing, tone, influence)
Fears.
Frustrations.
Anger.
Fairness.
And create change without losing credibility.
Same case. Different room. Different skillset.
A tiny number of spots for February in the Mediation Mastery case study program (High Performance Lawyers) for 3+ PQE barristers, lawyers and legally trained mediators.
Email Louise@louisemathias.com.au, and I'll send you details, and we’ll see if it fits for us both
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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