The Value In the Timing of Concessions

You may be very convincing, but don’t expect reason alone to carry the day in mediation. Many settlements aren’t arrived at before there’s been something cathartic experienced.

In a recent mediation, the defendant’s attorney focused all of her joint caucus time admitting her client’s mistakes:  “… though not illegal, things could have been addressed more sensitively.  But the important thing is we took care of it.” Gracious, responsive, and entirely reasonable, but it left the emotional aspect unsatisfied.

By skipping over the part of addressing the personal (emotional) impact of the conflict, the defendant’s attorney made it drastically more difficult to reach resolution. Emotions must be attended to first so that the other can process being heard.  The complaining party needs to register having had a connection or impact on a personal level. Indeed, that’s typically the paramount purpose in agreeing to mediate. Reasoning can effectively take place afterwards.

The moral is there’s value in the timing of concessions.

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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