In the mediation process, there are certain strategies that may be employed to maximize the likelihood of a favorable outcome. While the goal is always Win-Win, the means to get to that goal is one that is often tailored to the parties, the nature of the dispute, the relative bargaining positions of the parties, etc. In this CLE course there will be a discussion of a number of strategies that might be employed in a particular mediation.

Any discussion on mediation needs to discuss positions v. interests. Likewise, BATNA and Re-Framing are terms familiar to parties who have a working knowledge of mediation practice. Some lesser known strategies will be discussed as well. These include building a Golden Bridge, going to the balcony, and mediation as an improvisation. Discussion will also include the mediation model of the Good Friday Agreement. Many of these strategies may be employed in negotiations as well.