As a commercial lawyer, you are skilled at advocating for your client’s case in court. But mediation presents a different opportunity: to listen rather than advocate. This shift allows for the identification and satisfaction of underlying interests that can lead to favorable outcomes for all parties involved, providing a more comprehensive resolution than a win-lose court ruling.
Consider the story of a disputed shipment of oranges. In a court setting, the judge can only award the oranges to one party. A skilled mediator, however, can dig deeper and discover that one party wants the fruit to make juice, while the other wants the rind for marmalade. The result? Both parties’ needs are met through the same consignment of oranges. This type of resolution is what mediation strives for.
However, achieving such solutions requires an effective strategy, something that Harvard Professor William Ury has developed: the BB3 strategy. This strategy involves three steps: ‘Balcony’, ‘Bridge’, and ‘3rd Side’.
‘Balcony’ is about stepping back from the heat of the dispute to reconsider your position and objectives. Rather than engaging in a war of words, the goal is to identify shared or overlapping interests that could bring the dispute to an end.
The next step, ‘Bridge’, focuses on identifying the ‘Zone of Possible Agreement’ and exploring different options to create mutual gain. This involves brainstorming and listening, putting oneself in the other’s shoes to understand their needs and wants.
Finally, ‘3rd Side’ involves rallying support for the settlement plan. This could mean involving insurers, shareholders, or the wider community, depending on the nature of the dispute.
Think of it this way: if high-stakes political conflicts can be resolved using this creative approach, your commercial disputes certainly can too. It all boils down to the willingness to listen, not preach, thereby opening the doors to mutually beneficial resolutions.
So, navigate this intriguing world of mediation with us on Lux Mediation and harness the power of strategic listening for yourself and your clients. Explore our recent posts to keep up to date with developments in mediation practice and enrich your legal toolkit.