In mediation, every moves says something. It sends a signal. It sends a message.
Yes, the next number matters, but sometimes it’s the movement that pushes the case forward. I call it the "noticeable move." A good move can send a message. The move can shift the tone, open the door, and keep things moving. The opposite is true as well.
When the parties are engaged and intentional about how they move, the process works. It doesn’t always take a big number to build momentum. It just takes a message that the parties are working toward resolution.
When the numbers slow down, at the wrong time, or when there’s no explanation behind a position, the process can slow down. Not always, but it does happen. When the move makes sense in the context of the negotiations, it keeps the process alive. The message is clear: the mediation is moving in the right direction.
It’s not about giving up leverage or agreeing with the other side. It’s about showing that both parties are serious about getting it done.
Sometimes the most important message in the room isn’t the number itself. It’s what the move says about resolution.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator and his practice areas include criminal defense and civil litigation.
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