Get a Mediation Attorney to Avoid Deception in Mediation
Wednesday, July, 11, 2012
No matter how strong a negotiator you are, it's always a mistake to enter into mediation without the aid of a mediation attorney. Among the many reasons for this is that you never know when the other party will use some sort of deceptive practice.
Mediation lawyers are typically the best people to spot deceptive behavior, because they deal with it in the context of negotiations so often. The following are a few of the deceptive practices a mediation attorney can help defend you against.
Inflated Demands in Mediation Services
This is basically the trick of asking for the moon and the stars, when all you want is a streetlamp. You can be almost certain that in mediation, the opposing party will use this tactic. It helps to have a good lawyer to call their bluff.
And to be perfectly honest, it also helps to have an attorney who can bluff on your behalf! Asking for more than you really want so that you can "settle" for what's really important is a tactic as old as negotiation itself. The tactic has been refined over the ages, so it always helps to have someone on your side that's a pro at it.
Failure to Give Relevant Facts
Depending on your situation, you or your attorney may be required to disclose certain information concerning your case. The other party will normally be expected to meet the same demands.
However, the other party likely has other vital, relevant information that they are not required reveal. They will typically keep this information a secret unless asked.
A good mediation attorney will know the right questions to ask, while doing their best to shield your own relevant information when necessary.
Exaggeration in Civil Mediation
This is related to inflated demands, but instead is closer to an "inflated situation" or "inflated status.”
Exaggeration is often the equivalent of a cobra's hood. It's something your opponent may do in order to make themselves look bigger or more dangerous. It is a subtle (sometimes not-so-subtle) form of intimidation.
Even when the other party isn't 100% convincing, they will do their best to leave you wondering how much they're able to back up. It's a situation that can be downright scary.
A mediation attorney can help you sleep a lot easier every night when your opponent is doing their best to intimidate you. You have every right not to be intimidated!