COMMENT OF THE DAY #41

MEDIATION

The situation is clearer. Two of the SP’s and the one DP are thinking of reconciliation. The woman SP is spitting blood + wants the DP out because he cheated on his wife – a good friend of the SP

You know the mediation needs you to see the woman SP alone. But let her speak. She has much to unload. Let her have her “day in court”. Just listen but think creatively + look for openings.

Does the wife of the DP know of the affair? If “Yes” it makes your position easier. If “No” you have problems. Also, does the woman SP have funds to contribute to the DP payout or does she have cash flow problems? Third, can the DP be replaced without interrupting the flow of fees?

This is where you, the Mediator, are needed. You need to move her from Positions to Interests. Look for movement, flexibility, initiative. But make sure you hear everything – don’t cut her short. Then make your play – gently but with purpose.

Final Episode on 30 March