We are often surprised and somewhat dismayed to observe how frequently business people and their legal representatives will “draw lines in the sand”, “dig in their heels” or otherwise put themselves in an untenable position if thing don’t go just their way. Whether handling an Alternative Dispute Resolution case dealing with, Divorce, Child Custody, Probate or any other mediation, there is almost no occasion that warrants such a position. The more one knows about life, how things work and how problems can get resolved, the more one eschews insisting that it has to be your way, “or else”.
When we are faced with this sort of dilemma we freely discuss our misgivings about delivering such a message. We generally explain how presentation will often have a great impact upon the recipient. We ask them how they would respond to any offer that was positioned in such a manner? we try to get them to realize that even if the proposal would otherwise be acceptable, that just hearing that these terms have no alternative would almost certainly guarantee rejection. Ideally, a combination of artfully crafted open-ended questions and observations regarding human nature and the dynamic of effective communications will result in a softening of the position and a withdrawal of the in-transient term.
What to do if your skillful attempts at illumination are fruitless and you are unequivocally told to deliver the offer just as stated? In our opinion, you are then ethically obligated to do so and re-focus your damage control efforts on the recipient. If, in spite of your best efforts, you are ordered to convey the “final” offer, the case may not be amenable to settlement at that time.
Dunne Family Law is here to support you every step of the way and will make sure all of your options are explored thoroughly and clearly communicated to you.