Why Non-believers Pray

It can’t hurt.

Of course, reason has to prevail in settlement negotiations, but unless you’re sure you’re at a solid impasse, it doesn’t hurt to ask yourself, Could one more move get me the finality I came for?  

Ask yourself, Will the difference between the last and next offer be more or less than my expenditures between now and my next negotiation opportunity?

Carefully quantify and evaluate the results of things not playing out as you expect them to.

Factor in a decision-maker who could be contrary to an element of your burden of proof or defense.

The trick to making a satisfying last attempt is to make one that really counts.  Make it something the other party would find difficult to refuse, even if it’s slightly beyond your reach, but still within reason.

Thinking past what you think is the harm in making one more move could make the difference, and the deal.

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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