
PATRICK J. MASTRONARDO
Mediator, Arbitrator, and Consultant
Tips on seeking to avoid litigation
- Never underestimate the power of personal negotiation.
- Keep communication lines open.
- Understand what you need and want, what you are willing to give up, and the needs and wants of the other side.
- Focus on your underlying business interests. Have goals not positions.
- Think outside the box to develop alternatives for mutual gain
- Learn how best to involve your adversary in finding a solution
- Actively listen
- Appreciate the value of strengthening relationships
- Be fully informed of your legal rights.
- Consider the alternatives to a negotiated settlement and the likelihood of the best and worst.
- Recognize the time, energy, and money required to litigate, and the inescapable uncertainty of the outcome
- Litigation should be a last resort