Test the Number

One of my primary jobs as a mediator is to identify the number that will settle the case. The only way to find it is to test it.

In a recent high stakes mediation, the plaintiff made an unequivocal statement early in the day: he would not settle for less than $650,000. As negotiations progressed, the defendants concluded they could not reach that number. They asked to keep the mediation open while they sought additional authority over the next few days.

Instead, I suggested they put their true best and final offer on the table. They did. The plaintiff accepted.

There is never a guarantee that the best and final offer will settle a case. But refusing to test it leaves everyone guessing.

Mediation is about replacing assumptions with certainty. Test the number. You may be surprised by the answer.