Going Through “The Five Stages of Grief” to Get to Settlement: Negotiation Scenarios and Strategies for Moving From Denial to Deal

Finding a resolution to a dispute is not simply solving a math problem. Identifying and understanding the emotional and psychological perspectives and personalities of our clients and of the opposing side can be the key to achieving a favorable resolution, just as the failure to do so can be fatal to it. Through a series of vignettes taking place during a mediation, like a play with different scenes, this program will address the inflection points involved in the process and how the "stages of grief" play a role in the psychological and emotional perspectives of the parties. Based on principles discussed in Six Thinking Hats (Edward De Bono) and The Science of Settlement Ideas for Negotiators (Barry Goldman, MA, JD), and the lessons learned by our speakers, each vignette will spotlight a common aspect or sticking point of the mediation: opportunities in opening statements; packaging adversarial positions without alienating opponents; and embracing and managing our clients’ reactivity to unreasonable demands without veering from the path toward an acceptable zone of agreement, among others.