Close One Door, Open Another

Persuasion and negotiation with a "door in the face"

Photo by Sies Kranen on Unsplash

Our mediation had gotten off to a bad start. And it was about to get worse.

I was mediating a lawsuit between a plaintiff who had been injured at work, on the one side, and on the other a defendant employer and its insurance company. The plaintiff’s attorney was bombastic and antagonistic, and his initial demand was, to put it delicately, extremely high.

The defense attorney on the case was an extremely competitive type. He negotiated with a chip on his shoulder and habitually operated in a smug, aggressive fashion.

My job, as a neutral party, was to help the litigants find common ground, recognize the strengths and weaknesses of their respective cases, and move towards a constructive agreement.

As negotiations proceeded, the plaintiff lowered his demand in minute increments. Contrary to my suggestions (which, to his…