Preparation for mediation, like for negotiations, is one of the most essential parts of the entire process. Without recognizing your interests and goals, neither mediation nor negotiation can be effective. Additionally, preparation should also include the interests and goals of the other party. This gives you a full view of the dispute and helps you realistically evaluate your negotiating position. During preparation, you can use various techniques to identify key aspects of the negotiations and seek help from an attorney.

Techniques Helpful in Preparing for Mediation and Negotiation

To effectively identify your interests and goals before negotiating, it’s helpful to familiarize yourself with the Harvard negotiation model, which is based on the principle of “separating the people from the problem.” This means trying to detach emotions from facts and approaching negotiations collaboratively rather than competitively. Especially in business negotiations, adopting a soft approach to people and a firm approach to obstacles can help reach an agreement. However, it’s important to remember that not every dispute or issue is suitable for this method or for negotiation in general.

Methods to help you get ready for mediation and negotiation include:

• BATNA

BATNA (Best Alternative to a Negotiated Agreement) is the best option available outside the negotiation process. This approach involves determining the most realistic and favorable alternative we can pursue if an agreement cannot be reached. For example, it might be securing a contract with another company on better terms.

• WATNA

WATNA (Worst Alternative to a Negotiated Agreement) is the worst-case scenario. This means you need to identify the worst possible outcome if no agreement is reached. For example, it could be staying with the same company while negotiating a better deal with another.

• ZOPA

The Zone of a Possible Agreement (ZOPA) is an area where both parties can reach a mutually acceptable deal. This point is crucial for the success of any negotiation; without it, we are essentially in the dark. It’s important to define it by making realistic assumptions, not ones that only serve our own interests.

Representative in mediation

The role of an attorney in mediation largely depends on the parties’ needs. Primarily, the attorney can (and should) help the client prepare for mediation. This also gives the client the benefit of an unbiased perspective on the issue (including assessment using Harvard techniques), leading to a realistic view of the chances of success. The attorney may also participate in the mediation session with the parties or work independently.