Success in a mediation may require persuading the other party to adjust its assessment of risk and consider creative resolutions. When I am mediating a business or intellectual property dispute, I tell the parties that my role in the mediation is to assist them in reaching a “business resolution.” For the parties, any business resolution involves a risk/benefit analysis. The benefits of reaching a settlement are usually apparent to all: closure, cost savings and certainty of the outcome. It is the parties’ assessment of risk that is the driver in the negotiations.
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