With several years of dispute resolution experience behind him, either representing parties in mediation (and of course in negotiations generally) or, as mediator, assisting others resolve their differences, Jon is well placed to advise parties on effective preparation for and representation at mediation.
Real power in negotiation is derived from the ability of a party to influence those that they are negotiating with. Proper preparation raises the level of that ability. A well prepared, properly advised party will have greater success in persuading those on the other side that they should think again about the strengths and weaknesses of their case, about their attitude to risk, about their ability or willingness to endure conflict and about the alternatives to settlement. In mediation there is a mediator and a process that add another dynamic. Parties who fully understand how to use this additional dynamic are at a distinct advantage.
Jon has been retained on a number of occasions to help parties prepare for mediation and also, from time to time, to represent them at mediation.
Typically Jon will work with clients in the following areas:
- Strategy development
- Strategy implementation
- Selection of negotiating team and allocation of roles
- Pre-mediation preparation meetings and ‘reality testing’
- Dummy runs
- Brainstorming
- Training in mediation advocacy
- Selection of the right ‘neutral’ and process
- Acting in a representative capacity
The following extract, from feedback Jon received following his acting as Mediation Counsel, provides an indication of the kind of assistance Jon provides.
‘We retained Jon solely to act as negotiation counsel alongside the law firm dealing with what was a particularly complex and significant arbitration. Jon prepared us for the extremely tough negotiations that lay ahead and also represented us during those negotiations. These negotiations, which included a mediation along the way, proved all the more successful because of the hard work Jon put in on our behalf. I would highly recommend Jon as negotiation counsel. He helped not just my corporation achieve its commercial settlement objectives, but also our litigation attorneys formulate a strategy consistent with those objectives.’
Senior Vice President, US publicly listed corporation
Other examples of feedback from parties who Jon has assisted include:
‘We worked with Jon in preparation for a difficult and complex mediation – we felt thoroughly prepared and ready for anything. It was especially valuable to have Jon present on the day …..
I felt much more confident having been put through my paces by Jon …..
Jon’s ability to identify the other side’s weaknesses and preparing questions for us to use in the mediation was invaluable…….
Jon’s structured approach to mediation prep worked wonders. I especially liked the role play which really helped prepare me for the pressure of the day.
Jon really helped weld the team together – we all knew our roles ……
Should you wish to discuss this area of Jon’s practice further, please do not hesitate to contact him.
