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How to choose the outcome that works?

It is sometimes very difficult for a party to make a decision about what to do in mediation and then stick to it.  In the field of Behavioural Economics it is suggested there are two types of decision making.  Type 1 is made of a hunch, guess, gut feeling or a sense of just knowing while Type 2 is made by analysis, looking at numbers, probabilities, strengths and weaknesses, different outcomes and the effect they may have, pulling everything apart and putting it back together.  We believe that working hard on Type 2 in mediation facilitates parties to come to a Type 1 decision based on the reality of their position and the position of the other, as in the light of the changes that happen in mediation they find themselves able to choose an outcome that works.  It is still a difficult decision and in the cold light of the next few days or weeks, a party may have doubt as to why they made that choice and need to remind themselves of what was said and done and talked through before they decided what the outcome would be. Legal rights change once a Settlement Agreement is drawn up, checked and signed by both parties to form a new contract.

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