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CS Professional · Arbitration, Mediation and Conciliation · Negotiation Skills and Communication

Party A says: 'I will never pay a rupee more than Rs 10 lakh.' The mediator replies: 'It sounds like keeping the payment within a budget you can manage is important to you. What would make that possible?' This response mainly helps the mediator to:

The response helps shift the discussion from a rigid position to the underlying interest, namely affordability. By acknowledging the concern and asking an open question, the mediator encourages option generation without determining liability, pressuring the party, or creating admissions.

  1. AShift focus from a fixed position to the underlying interestCorrect
  2. BEstablish that Party A is legally liable
  3. CForce Party A to raise the offer
  4. DRecord an admission for use in later proceedings

Explanation

The mediator acknowledges the feeling and converts the stated position (Rs 10 lakh cap) into an interest (affordability), then asks an open question to generate options. It does not determine liability, coerce, or create an admission, since mediation communications are confidential and non-adjudicative.

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