The most successful way to settle a dispute is also often the most counterintuitive one. It can be illustrated by the story of the children with the orange:
Two kids had one to split. They both wanted the whole orange but were forced to compromise. So they divided the orange in half, and each child took their halves home. One child ate the orange and threw away his peel. The other child ground up the peel to make a cake and threw out the inside of the orange.
Both children could have had 100% of what they wanted from the deal had they taken the time to listen.
This simple story is an excellent example of how most mediation and arbitration deals go. Rather than listening to what the opposing side is really trying to say, each party asserts their desires and never takes time to listen to each other. Often, if someone in the room has developed the art of listening carefully, they can help everyone get what they want.
1. The other side tends to return the favor. Instead of each party developing their next argument while the other is trying to share their needs, they will actually absorb what each has to say.
2. You often discover common ground. You may be able to find ways to compromise in a way so that everyone gets what they really want.
3. The opposing party may give you valuable information you wouldn’t have had otherwise. This information may allow you to negotiate more effectively, or it may provide you what you need to develop a more sophisticated argument.
You can see that listening is not just the considerate thing to do. It’s actually a powerful strategy.
Blake Bailey has spent his entire professional life as a trial lawyer. Much of that time has gone to attempting to convince juries, discuss issues with judges, and agree on settlements with opposing counsel. This experience has equipped him with the strategy he needs to negotiate effectively and help everyone come to a settlement that leaves everyone with a desirable outcome.
If you're looking for a qualified and experienced mediator or arbitrator to handle your professional dispute, contact Attorney Blake Bailey today.
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