Most know Mediation as a non-adversarial confidential process whereby a neutral third party — the Mediator — facilitates communications, discussions, and negotiations between and among parties who find themselves in a dispute.
Despite what most people tend to think, research shows most disputes are not zero-sum games. The Mediator can actually help the parties identify core interests and risks, and thus seeks to find solutions through guided negotiations, which helps the parties achieve their interests in a win-win state of affairs.
What holds true in disputes can actually also be translated in a commercial deal-making environment. Here also parties all too often find themselves stuck in a distributive bargaining mind-set whereby it is held that what one side gains, the other loses.
The reality is however that parties have aligned interests and goals. Why else would they be contemplating making a deal in the first place? Quite often, according to research, there is actually both higher individual and mutual gain possible if only the parties can get past the negotiator’s dilemma. Everybody involved in deal making has been there…. How much information does one give to the other parties? How much is enough? How much is too little? Will it not be used against you? Will it make you seem as overbearing, or weak, or… The classing negotiator’s dilemma!
Our impartial mediators can help parties with these issues. They can help the parties to reframe issues and identify areas to further explore for possible agreement whilst at the same time act as a buffer or cover for parties when proposals are going back and forth between the parties. Our mediators can get a sense of each party and their wants and needs, receive information in a confidential manner and see where things might align, help to seek out opportunities, … In short, the mediator can help the parties craft a deal that meets all the parties’ needs and may likely help all of them leave with less being left on the table.
With the mediators of Maverick Enterprise being recognized in several jurisdictions and having extensive international experience, they are of course extremely well placed to assist you in all of the above. So, feel free to contact us.
And, do not hesitate to download the (deal) mediation request form and contact us for an appointment. We are looking forward to hearing from you.