“A chess player cannot defend against threats or take advantage of blunders if he does not first ask himself: What is my opponent planning after each move?”
— Bruce A. Moon
How is mediation like playing chess? An inexperienced chess player concentrates only on what he is trying to accomplish. Mastery requires that you put yourself in the mind of the other player. What are his goals? How is he planning to get there? What is he worried about? This same ability also applies to mediation.
Know Your BATNA
BATNA – Best Alternative To a Negotiated Agreement. Unless you can reach an agreement in mediation, you will be stuck with your BATNA. If you go in only thinking about what you intend to get out of the session, you will never do as well as if you go in thinking about what the other side to accomplish. The most frequent mistake I see by a party in mediation is advancing proposals that do not give incentive to the other side. In order for a mediation to be successful, the parties must come to a solution that benefits both sides. When preparing for mediation, it is helpful to focus not only on your goals, but also on what the other side is probably getting at. During the mediation, as the other side makes proposals, think of them as chess moves – what is their ultimate goal?
Change the Assumed Resolution
The other side may have limitations to what they can give. By putting yourself in the shoes of the other party, you advance the likelihood of making the mediation successful. Seek a solution that works for both sides.
Focus on What is Important
By focusing on what is important, you may find a faster resolution. For example, letting go of the past, will help both parties find a workable solution. In addition, avoid the temptation to allow annoyances to derail an agreement.
In Summation
When it comes to dispute resolution, it is best to focus on the end result, much like chess.
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Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. When not saving the world from unresolved disputes, he enjoys volunteering in the community and spending time with his family, especially his grandson, Jack.
Ventola Mediation serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties in Colorado.
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