Jan Frankel Schau  

JAN FRANKEL SCHAU'S  

SETTLEMENT STRATEGIES 

 Problem Solver. Mediator. Author. Ally.   

California Daily Journal Top 50 Neutral 2013  

Named California "Super Lawyer" in ADR 2008-2014  

ADR Services, Inc. 

 

 

                                                                                     Volume 77 March, 2014

     This year's 'Settlement Strategies' Monthly Newsletter published exclusively by Jan Frankel Schau, will be on "Negotiation Skills".  Ms. Schau is always happy to have your feedback and comments and permits republication with attribution.                 

NEGOTIATION SKILL NUMBER THREE:
CUSTOMIZE YOUR PROCESS        


     One of the benefits of private mediation is that the parties and their counsel can customize the process in ways that are otherwise controlled by the Judge and Rules of Civil Procedure in the court house.  Typically, the mediator will be open to your measured advice about such things as exchanging briefs (or keeping them confidential), conducting a joint session (or doing all of the negotiation from separate rooms), revealing confidential information (or withholding it), timing of the hearing before extensive discovery and expenses are incurred and even allowing the parties to express their emotions to one another or to the mediator at the outset of the hearing.  All you need to do is express your thoughts and explain your rationale and most mediators will not fight you on the control of the process in these particulars.

     One of the ways that Attorneys can maximize their client's outcome in a mediation is by carefully analyzing the most effective ways to prepare the other side, your own client and the mediator through a tailor-made process best suited for your hearing.  Once you have figured out your preferred strategy, send a letter or an email or call the Mediator in advance of the hearing and ask them if it is okay to, for example, start the hearing in separate rooms, or keep briefs confidential.

     This week I am mediating a matter where a long-term employee felt let down by his employer's heartless delivery of a termination notice without explanation.  The lawyer representing the employer indicated that a short joint session with a sincere explanation and interaction between the principals might help clear the air.  I would not have known about their willingness to do that, and may not have taken that risk, if the lawyer had not communicated that advice in his brief.  In another matter, the lawyers were so contentious that both briefs (confidentially, of course) indicated that they had numerous challenges gaining cooperation from their opposing counsel and would prefer not to have to deal with them directly.  In that case, it was best to keep the lawyers apart until the appropriate time when they needed to collaborate on the fine details of a settlement.  Again, lawyers with great negotiation skills arrive at the mediation hearing having considered all of the possible advantages they can get to assure success for your client.

You can't succeed without planning for your success!

Good Luck!  

 

Jan Frankel Schau  

 

 P.S.   I am pleased to be attending the ABA Dispute Resolution Section Conference in Miami, Florida April 2-5 this year.  If you will be there, give me a shout! 

    

Jan Frankel Schau

Mediator/Arbitrator/Attorney

ADR SERVICES, INC.   

310-201-0010

JFSchau@adrservices.org

Follow me on Twitter at:  @JanSchau

Facebook at:  Schau Mediation

Blog:  www.schaumediation.com/blog 

Author, "View from the Middle of the Road:  A Mediator's Perspective on Life, Conflict and Human Interaction" (AuthorHouse 2013)

Now Available on Amazon.com 

 

 

       

To Schedule a Mediation    

Contact Case Manager:  Eve Thorstens:  310-201-0010   

Jan Schau's Direct Dial:  818. 986.9876

 

 Visit Jan's Website  

 

Check out my Weekly Blog:

www.viewfromthemiddleoftheroad.blogspot.com 

 

Author, "View from the Middle of the Road:   

A Mediator's Perspective on Life, Conflict and Human Interaction"

(Author House, 2013)

 

Purhcase "The View from the Middle of the Road" 

 

   





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