Thursday, September 3, 2009

Put a Rush on It!

Couple of days ago I had a client who was very worried that he did not have enough time to mediate his case and wanted to settle immediately. The terms were simple, the dispute was pretty straightforward and he did not care much about meeting the other side in person. So, I decided to do a virtual mediation and get things done via phone, fax and email. The client (defendant) was very sure about how he wanted to settle and what he wanted to accomplish, so after a short discussion I called the plaintiffs. Please, keep in mind that the defendant was very concerned about the time.

Upon speaking with the plaintiff attorney I was asked to hold on the phone while he would get in touch with his client. Five minutes later we had a settlement. Good news, right? Wrong. Excited about the quick resolution and thinking of how happy the defendant would be I phoned him immediately and informed him that his terms were accepted and the case was as good as settled. To my surprise all I head on the other line was a long silent pause.

We all had that pause, it is the pause when you start doubting your self and your decision of making an offer which got immediately accepted. Should I have gone lower? Did I do the right thing? That little voice inside of us taunting us and saying that you gave up too easy.

The case settled a few days later for the exact same amount as was first discussed; however, I will always remember that no matter how much rush someone is in - timing is everything.

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