Commercial Mediation Part VI: 10 Mistakes Even Good Mediators Make

In many circumstances, timing is everything.  A poorly-timed move or comment made before certain conditions have occurred or before the groundwork has been laid can result in a setback. It helps to be aware of potential landmines and the means of cultivating essential pre-conditions.

In Part VI of this Commercial Mediation program, experienced mediator and trainer Steve Hochman joins attorney Simeon Baum to discuss 10 mistakes even good mediators make.  He provides practical tips that reinforce and further develop lessons from earlier segments of the program.  These include: the importance of getting the right people to the table; clarifying the role of mediator as “agent of reality”; providing opportunities for emotional expression; coaching parties on deal proposals; addressing unrealistic expectations; avoiding premature evaluation; handling cognitive and emotional barriers to effective decision making; and other tips.  Mr. Hochman stresses the importance of patience and perseverance and advances his views on proper use of the “mediator’s proposal” as a last-ditch impasse-breaking technique.  Mr. Baum ends this session with cautionary comments addressing some of the implications of Mr. Hochman's remarks.

Learning Objectives: 

I.    Consider the importance of timing in mediation 

II.   Understand how to lay the groundwork for later stages of mediation

III.  Review and give practical application to various mediation pointers, including:  

a. Proper party participation

b. Mediator role as agent of reality

c. Supporting needed emotional expression

d. Coaching parties on proposals

e. Managing party expectations

f.  Avoiding premature evaluation

g. Handling cognitive and psychological barriers

IV.  Recognize the benefits, uses, and risks of “mediator’s proposal” 

V.   Appreciate both the benefits and detriments of “orchestrating” the parties’ negotiation