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The Legitimate Use Of Fear To Encourage Settlement

by Geoff Sharp

From the blog mediator blah...blah...

Geoff Sharp

Do some mediators scaremonger the parties at mediation in the name of reality testing?

Where's the line/What are the ethics of this?

Maybe I did yesterday... or did I just disguise it as a legitimate neutral intervention and label it;

1. BATNA, MLATNA, WATNA
2. Shaming ('well, 90% of people manage to work these things through at mediation...are you really in the 10%?)
3. Becoming evaluative
4. Trivialising differences ('will you really spend the next two years at war for the amount of difference now between you after a day in mediation?')
5. Creating doubt in every one's minds - 'well, I know how that Judge approaches these kinds of cases...'
6. Threatening parties with what lies ahead of them (costs/2am wake ups)
7. RAA (Robust Risk Analysis)

Biography


Geoff Sharp is a Commercial Mediator from Wellington, New Zealand. Geoff works in the Asia Pacific region, including New Zealand, Malaysia, Thailand and Pacific Islands. He is a mediator resolving business problems. He is a fellow of the International Academy of Mediators and mediates complex and hotly debated litigation covering a wide range of subject matter from insurance disputes to historic sexual abuse claims.

Geoff is author of the award winning blog mediator blah...blah... a mediation blog experiment in reflective practice and the Mediation vBlog Project, a kind of mediation genome project by video blog.



Email Author
Website: www.geoffsharp.co.nz

Additional articles by Geoff Sharp