Advanced Negotiation Skills for Mediators

Why Attend?

Unfortunately, parties preparing for mediation are often not given much guidance by their lawyers on what mediation is or on how to develop a negotiation strategy for the mediation.  Their lawyers often do not have much mediation experience and have not spent time developing a full negotiation strategy with their clients. This means that the mediator has to work with the parties, at the preparation stage, and during the mediation, to help them define realistic goals for the negotiation and to develop options for achieving these. The training is therefore aimed at mediators who wish to develop these skills. 

Main Topics

  1. Helping parties to define negotiation goals (their own as well as for the other side), based on a proper understanding of the needs and interests.
  2. Helping parties to do a proper risk analysis (their own as well as for the other side). This will focus on
    1. Defining and understanding alternative outcomes (develop BATNA and WATNA)
    2. Understanding the costs implications (develop realistic cost escalation schedule)
    3. Quantifying the litigation risk (identify elements of litigation and quantify risk for each)
    4. Developing a net cash position analysis for the different outcomes (net cash analysis)
  3. Helping the parties to formulate a negotiation strategy based on the analysis of interests and risks:
    1. Currently Perceived Choice Tool
    2. Target Balance Sheet
    3. Yesable Proposition

Course feedback

  • As always a great learning and interactive workshop. Thoroughly enjoyed the group interaction. 

    Zarina Moosa
    Jul 2021
  • A simple 40-hour accreditation is not really enough. Attending courses such as this one really supplements one's knowledge and upskills tremendously. Breaking things down in terms of strategy is incredibly helpful for legal representatives, their clients and mediators themselves.

    Leigh de Souza
    Jul 2021