5.9 Mediation In The context of A Position-Bargaining Strategy

Mediators provide a number of useful purposes when seen in the light of a position bargaining strategy.

· The mediator can lend credibility to the client’s valuation of the case

· The mediator can help the parties get information about the opponent’s bottom line, strengths and weaknesses in their case

· The mediator can act as an expert evaluator of the case in light of the experience in judging responsibility or evaluating credibility and persuasiveness of stories, and in light their substantive/technical expertise

· The mediator can use position bargaining strategies to move the parties to a reasoned settlement

· Use of deadlines

· Probe positions and test them for evidence

· Use of contracts and processes for exchange of information

· Use of confidentiality and caucuses to “leak” information to each side

· Use of persuasion

· Use of trading concessions of equal value

· Splitting the difference