“Avoid lawsuits beyond all things – they pervert your conscience, impair your health, and dissipate your property.”
-Jean de la Bruyere
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Here are The Wise Negotiator's secrets to aggressive but fair tactics to reaching agreement.
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A case study on how business communications break-down, and how to keep from ending up in court.
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Let Dale Dauten, our lead Arizona mediator, lead you through conflicts and get you back to doing what you do best - 480-839-5537
We help you create agreement
Rather than being built on a law firm model, we developed Agreement House™ to make life easier for our Arizona mediation customers. We focus on guided negotiation which yields a mediation resolution to solve business conflicts.
What happens in an out-of-court settlement?
What if I can’t have a conversation with the other side to get them to come to mediation?
We can help. We’ll make the overture, then work to persuade the other party to come to the table to negotiate.
What if I don’t want to meet face-to-face with the other person?
No problem. Many mediations are NOT across-the-table negotiations -- rather, the sides will be in separate rooms while we provide “shuttle diplomacy,” going back and forth, working toward creative mediation resolution. You’ve had enough conflict; you’re at Agreement House for solutions, not conflict.
Although each mediation is unique, it usually starts with the mediator offering guidelines for the conversations to follow, and offering descriptions of successful outcomes that could result.
The mediator then begins a series of separate conversations with each side – moving the two sides closer to agreement, and often coming up with creative solutions that allow for a new win-win outcome that you haven’t considered.
You reach agreement – and the beauty of a mediation resolution is that you reach an agreement together. The mediator will then write up, on the spot, a summary of the agreement, a Memorandum of Understanding. This will then serve as a foundation for the documents prepared by one of your attorneys or one of ours.
What if we can’t agree?
You’ll be surprised at how a skilled mediator can create agreement, often by offering creative compromises. Still, there are times when the negotiation runs into a brick wall – an area upon which you and the other side digs in and you can find no compromise.
However, rather than go to court -- which could take many months and cost tens of thousands of dollars – one of our attorney-mediators is a veteran arbitrator and is a judge pro tem (which means that the Arizona courts have appointed him to serve in the capacity of a judge).
At the end of mediation, if there is an issue or two that is unresolved, the mediator and participants can review the disagreement for arbitration, providing a quick resolution, without going to court.
Agreement House™ mediations are…
Faster and less expensive, with more dignity, privacy and control, and with the possibility of win-win solutions never considered in court.