Victoria Lindenauer, Esq.
Fall 2016
How to Hand Your Opponent
"THE WIN"
in Mediation !
WAIT, WHAT...?
ARE YOU LOSING IT IN MEDIATION?
THE "BIG FOUR:"
1. LOSING FOCUS: How often have you come to mediation with a clear goal (a numerical result, an exchange of particular information, a narrowing of issues, for example) and found yourself inexplicably OFF THE RAILS and into a personal or other issue or dispute unrelated to your goal? Reminding yourself frequently to adhere to your purpose will avoid unproductive distractions.
What Happened?
2. LOSING YOUR MIND: You haven't come this far in your career by acting out randomly and losing your composure. Everyone gets frustrated-- remember that it's within your control to behave deliberately and with specific intention (i.e., not yell, storm out, etc.). Before you act, ask yourself,
"WHAT IS THE INTENDED CONSEQUENCE OF THE ACTION I'M ABOUT TO TAKE?"
* If you're venting without a plan for how it will tangibly benefit your client and your case,
RE-THINK. *
Losing it in front of your adversary confirms for them that they have manipulated your behavior. If they know you feel insulted or offended, they have taken control of your emotions.
Who's In Charge?
3. LOSING MONEY: Mediations with unprepared participants take longer.
Do the Prep Work
Prior to Arrival
4. LOSING CLIENT CONTROL: If you're discussing expectations and behavior with your client for the first time when you meet at the mediation venue, you are potentially costing yourself extra money and unnecessary grief and delay.
 On The Same Page?
WIN WITH "THE BIG FOUR:"
* STAY FOCUSED
* CONTROL YOUR OWN ACTIONS
* PREPARE YOURSELF
* PREPARE YOUR CLIENT
Court approved mediation panelist for:
the Superior Courts of Santa Barbara, Ventura,
and San Luis Obispo,
and Resolute Systems, LLC
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