Beware of Diminishing Returns

When negotiating, you don’t want to over-shoot and end up in the realm of diminishing returns.

During negotiations, you need to keep in mind the distance between you and the other party and check:  Is it more than what you’ll spend or lose if you don’t settle?

This question can come up right away, or as far in as impasse.  Beware, though, it’s typically clouded by a fight over principles.  Certainly, principles have their value, but principles aren’t negotiable.  Negotiation occurs over pragmatics.

I encourage you to keep your eyes on your objective – your achievable objective – and carefully recognize when you might be about to exceed the point of maximal opportunity.  Decide what you want to pay for, or not.

About Maria Hanna Joseph

Maria Hanna Joseph is Principal of Joseph Mediation. Her 25 years of experience in employment law, include 16+ of work and mediating for the Massachusetts Commission Against Discrimination which through which she has gained valuable insight into the MCAD, its practices and decision making. This, as well as her experience in plaintiff and defense litigation, with private and public sector clients, international and local business concerns, and in issues from harassment and discrimination, to noncompetition agreements, business operation, transgender workplace matters, retaliation and many others, lend her valuable perspective for understanding and mediating an array of legal and personal issues. In terms of volume, Maria has served more than 2,000 cases. Maria's practice has been honed with study of mediation at Harvard Law School's Program of Instruction for Lawyers, negotiation at Harvard Law School's Program on Negotiation, and in the disciplines of Transformative Mediation and Family/Domestic Mediation, which are significant assets in managing the personal nature of employment disputes, and conflict in general. Attorneys and parties know Maria as candid, pragmatic and persevering in her commitment to help them achieve meaningful settlements while keeping sight of their most important interests. The insight and creativity afforded by her experience and training are realized in the resolutions that manifest. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage highly tense and fraught situations and individuals, and settle a wide variety of disputes and tough cases.
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