Here are 5 suggestions based on what I see parties succeed with at mediation:
1. Prepare a valuation range based on settling “today” versus post probable cause, MSJ, trial, etc., or other things in which no one (including you) has yet invested resources.
2. Make proposals that are based on components you can break down, easily explain and substantiate.
3. Bring research (case law) that supports and challenges your position – be they judgments or a range of awards. Be sure they relate factually.
4. Be the first to address weaknesses in your position and not just strengths, and incorporate both in the position you take.
5. Have decision makers with full settlement authority at the table.
With these, you should be well poised to attain resolution.
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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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