OPTIONS FOR SETTLEMENT

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

23 April 2021

COMMENT FOR THE DAY #64

MEDIATION

Today I want to focus on an underestimated skill of the mediator – the ability to paint pictures of the alternatives going forward.

Let’s be clear, the options are there – harmony or rupture. But can you give the right focus? Are you able to sketch out the scenarios sufficiently to catch the moment?

The right words, the right emphasis, the right timing to open up a way forward. This is a much under-estimated skill. It requires imagination, sensitivity, word pictures. This is where the parties pay attention. This is when they are listening to you. This is the important moment when you can have a big influence on a positive outcome.

It matters that you are sympathetic, reliable, reassuring with a grasp of the moment. You know when to speak # when to be silent. When to intervene + when to pause. And the choice of words is important. A wrong word or the right word in the wrong place can bring things crashing down around you. You cannot script these occasions – it is either in you or it isn’t. An actor can learn his lines but can he deliver the moment?

Yes, Mediation is fascinating. How are you doing? Contact me for more information if you need advice!

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