PROMOTING A NEGATIVE: A guide for mediators

It goes against human nature to admit a problem.  We’ve had “Think positive” drilled into our psyches for years now.  In fact, “thinking positive” has been the subject of endless books and articles. 

Let’s take this tenet of thinking positive one step further – into the marketing of an apparent negative like the dispute resolution industry.  It may surprise to you that one of the most effective ways to get into a prospect’s mind is to first admit a negative and then twist it into a positive.   

“With a name like Smucker’s, it has to be good.”

“The 1970 VW will stay ugly longer.”

“Joy.  The most expensive perfume in the world.” 

What’s the deal here?  Why does a dose of honesty work so well in the marketing process? 

Well, candor is very disarming.  Every negative statement you make about yourself is instantly accepted as truth.  Positive statements, on the other hand, are looked at as dubious at best, especially in a marketing piece.  You have to prove a positive statement to the prospect’s satisfaction.  No proof is needed for a negative statement. 

“With a name like Smucker’s, it has to be good.”  Most companies, especially family companies, would never make fun of their own name.  Yet the Smucker family did, which is one reason why Smucker’s is the No. 1 brand of jams and jellies.  If your name is bad, you have two choices: change the name or make fun of it.  The one thing you can’t do is to ignore a bad name.

“The 1970 VW will stay ugly longer.”  A car that ugly must be reliable, thinks the prospect. 

“Joy. The most expensive perfume in the world.”  If people were willing to pay $375 an ounce, it must be a sensational perfume. 

So why go with the obvious?  Marketing is often a search for the obvious.  Your marketing efforts should be devoted to using ideas and concepts already installed in the brain.  You have to use your marketing programs to “rub it in.”  

Let me read to you an example of a mediator bio showing the possible negatives and then the positive sides. 

Mary The Mediator has a deep understanding of myriad legal issues having represented both plaintiffs and defendants, large corporations as well as individuals, and private and public companies. As in-house counsel with oversight for bet the-company and other high-profile litigation, she gained firsthand knowledge of companies’ internal operations, policies, procedures, and corporate demands and objectives.

Most importantly, Mary The Mediator is a neutral who understands what your case needs.

You need a neutral who understands the culture of big companies and big law so that you’re not put in the position of explaining who you are, what you do, and why you do it. 

You need a neutral who comprehends the pressures you’re under and the decisions that you face. Mary The Mediator has first-hand experience with the daily tasks and demands placed on you.

You need a neutral with the requisite interpersonal skills to manage contentious relationships and help you move from impasse to problem-solving.  Mary The Mediator has fine-tuned her tactical, negotiation, and resolution skills over decades of working with clients just like you.

You need a neutral who, through patience and tenacity, can help you find and draft a durable and reasonable solution.  One of Mary The Mediator’s notable skills is that she doesn’t give up on helping you. She understands how important it is to keep channels of communication open, processes moving forward, and resolution within reach.

You need a neutral who, when asked, can give you an impartial reality check.

And you need a neutral with the essential experience and communication skills to make of this possible.

Throughout her extensive career, Mary The Mediator has worked with private and public companies across multiple industries. She has gained an in-depth understanding of, and helped to resolve, a wide range of commercial and legal issues, including securities, insurance, structured finance, corporate governance, tort, and employment. This professional experience, complemented by her perceptive, trustworthy, and solution-oriented disposition, enables her to effectively resolve multifaceted disputes and challenging dynamics.   

When you start a marketing message by admitting a problem, people tend to, almost instinctively, open their minds.  

Now with that mind open, you’re in a position to make the most of your positive, which is your selling idea. 

One final note: candor must be used carefully.  First, your “negative” must be widely perceived as a negative.  It has to trigger an instant agreement with your prospective client’s mind. If the negative doesn’t register quickly, your potential clients will be confused and will wonder, “What’s this all about?” 

Next, you have to shift quickly to the positive.  The purpose of candor isn’t to apologize. The purpose of candor is to set up a benefit that will convince your prospect. 

This just reinforces the old maxim: Honesty is the best policy.