Although similar to the “take it or leave it” ultimatum, it is more understated and less discernible to the uninitiated. Regrettably, it has become a familiar negotiation tactic by some attorneys in mediations. The purpose of this article is to both expose this ploy and discuss certain strategies and techniques that can be used to either prevent it altogether or minimize its consequences.
It is a fact that in many conflict resolution settings, such as mediations or settlement conferences, you may run into some people who are stuck in a sort of victim mentality. On the one hand, you don’t want to appear unsympathetic and cold-hearted. On the other, it’s important that you be able to navigate your path somehow through the conflict to ultimate resolution.