People typically consider “win-win” as interchangeable with “ideal.” Really, though, a winning outcome is one that’s best among your alternatives.
So, finality could put you in the win column when the offer outweighs the alternative of protracted (costly) litigation and the possibility/necessity of appeal. Certainty may, too, if the proposal beats the risks inherent in a decision-by-another. Immediacy has its advantages, as well.
Intangibles should also be factored in. Decisions in mediation often involve quality-of-life decisions for yourself, your family, your workforce, etc. They are personal judgment calls. Your win may be the result that leaves you on your strongest, most capable footing.
The fact is, you dramatically increase your odds of achieving a win at the bargaining table when you embrace the notion that “better than,” rather than “best possible,” is a worthy aim.
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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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