Repeat back their concerns, and say things like, 'Let me understand this,' etc. You should not make your own position clear too early. Having listened carefully, one would then be in a better position to respond and begin putting across one's own agenda. The Canadian attorney noted that a new law in Ontario requires all civil suits to go to mediation first. The reason for this is that the litigation process destroys relationships while mediation improves them.
Litigation is also very expensive, while mediation is less costly and can take just half a day.
People have better things to do than fight each other in court. Sometimes even mediation doesn't work, acknowledges Mr. Stitt. We all have our boiling points and we all make mistakes. We simply try to give people the tools, to give them new ideas and alternatives when they are negotiating.