25 Closing Skills for Litigated Case Mediations

When mediators, and other negotiators, look to learn about closing the deal, they need look no further than the world of sales.  There are many closing techniques--prescribed actions that sales people take to persuade the customer or client to make the necessary commitment.  Closing a sale is not about trickery or tactics, it is about helping people who are having an emotional barrier stop them from doing what they want to, or what may be good for them.  Sometimes their doubts or fears can mentally paralyze them, or their emotions can get in the way of their logic, preventing them from seeing what they know to be true.  “ABC” is a common abbreviation for “Always Be Closing.”  It means that you should always be heading towards a close, with every thought from convening the mediation to getting to know the participants and building rapport, to the negotiation, and finally to the closing stage, everything you do is done with an eye toward the finish line.

Faculty
Lee Jay Berman, The Mediation offices of Lee Jay Berman

Mr. Berman began as a full-time mediator over 23 years ago, and he has successfully mediated over 2,200 matters.  He is a Master Mediator on the American Arbitration Association’s Employment Panel, and a national panelist on their Commercial and Construction Panels.  He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with the National Academy of Distinguished Neutrals (NADN), a certified by the International Mediation Institute, and a Dispute Resolution Expert with the United Nations Development Programme.