What’s In Your Demand?

Demands – sometimes they’re based on calculated costs, sometimes pure emotion, and sometimes they have nothing to do with the dispute.  For example, I’ve heard them tied to credit card debt, the cost of tuition, and even the price of re-siding one’s house.

Regardless, knowing the basis for the demand (as well as counter-demand) may be one of the most essential ingredients to a satisfying outcome, and mediation provides the opportunity to attain this clarity.

Not only does this serve parties as an anchor in their negotiation, it lets them know when they’ve reached a stopping point and can drop the rope, so to speak.

Even if the impasse or endpoint isn’t exactly at where they wanted to be, they can consider something “close enough.”  This is because identifying what the number symbolizes makes it conceptually easier for parties to measure and conduct their risk/benefit analysis.  Incidentally, it also opens up possibilities for creative substitutions.

When I mediate, I work on this from early in the session and throughout – with each person at the table – because time and time again, I see it raise the value of satisfaction in the process, and the outcome.

About Maria Hanna Joseph

Maria Hanna Joseph, principal of Joseph Mediation, is an Attorney-Mediator who is highly regarded for her experience and ability to resolve employment, workplace and organizational disputes. She has served more than 2,000 matters over her 20 years as a mediator and her 29 year employment law career. With care, expedience and economy, Maria helps attorneys and parties achieve settlement in nearly every mediation. Moreover, her pragmatism and perseverance bring about purposeful settlements; products of Maria's insight and creativity, gained by her depth of experience and training. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage extremely challenging circumstances and settle a wide variety of cases. Maria is available to provide services in-person or virtually (utilizing teleconference and desk-top videoconference resources) throughout Massachusetts, New England and the U.S.
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