The document outlines the concepts of negotiation and mediation, emphasizing their purposes, processes, characteristics, and advantages. Negotiation is described as a strategic process where parties seek to resolve conflicts and reach agreements, while mediation involves a neutral third party facilitating the resolution of disputes without authoritative decision-making power. Key factors such as trust, communication, and the role of a mediator are highlighted, along with the contexts in which negotiation or mediation may be preferable.

1. PUB 321
Strategic Negotiation
&
Mediation
Topics 1
Introduction to Negotiation & Mediation

2. Learning Objectives
• Define the concept of Negotiation
• Define the concept of Mediation
• Understand the purposes of Negotiation and Mediation

3. What is Negotiation?
 “The art of reaching an agreement by resolving differences
through creativity” (Creative Negotiating, Stephen Kozicki, Adams
Press, 1998)
 Takes place when two or more people, with differing views,
come together to attempt to reach agreement on an issue. It is
persuasive communication or bargaining.
– “Negotiation is about getting the best possible deal in the best
possible way.”
 A strategic endeavor directed toward the specific ends of
reaching agreements and satisfying negotiators’ needs.
 The process we use to satisfy our needs when someone else
controls what we are seeking.
 The process of attempting to satisfy your wants, by giving up
something you now have in exchange for something else you
want.
 “The art of letting them have your way.”

4. Characteristics of Negotiations
 Two or more parties are involved.
 There exists a perceived conflict of interest between those parties.
 Parties chose to negotiate because they believe they can influence each
other to get a better deal than what they would otherwise get if action
was unilateral.
 For time being, parties prefer to work together for resolution rather than
fight or seek other non-negotiated remedies.
 Parties expect to experience “give and take” during their negotiations as
each side compromises positions.
 Parties expect that negotiations will allow them to manage both the
“tangibles” and the “intangibles” contained in their issues.

5. Characteristics of Negotiation…
 Negotiation is voluntary process dependent upon communication
and motivation
 The process often involves less than frank and open
communication
 Need to reconcile deceptive tactics and fair agreements
 Need to establish trust

6. Purposes of Negotiation
 To reach a desired and durable result by including the interests
of both parties.
 To reach agreement efficiently and fairly using talents of all
participants to solve problems.
 To develop a shared sense of satisfaction from working together
successfully
 To reconcile deceptive tactics and fair agreements
 To establish trust

7. What is Mediation?
 Mediation:
– A neutral third party assists the parties to reach a negotiated
settlement but has no power to decide the issues in dispute.
– A structured process in which an impartial party, the mediator, helps
parties in the workplace to resolve the dispute or difficulties that
have arisen between them.
– A voluntary process, with the mediator or parties involved having
the right to end the process at any time.
 Mediator:
– Is responsible for facilitating and determining the procedure for the
mediation.
– Has no legal power, does not impose solutions and makes no
attempt to judge the situation.
– Helps those involved to communicate, negotiate and work towards
their own agreement
– Facilitates a safe and respectful discussion.

8. What is Mediation?
 Is an informal process in which a third-party assists others to reach a
negotiated settlement.
 Mediation is a process in which an impartial third party assists
disputants in finding a mutually acceptable solution to their
dispute.
 Mediation is both voluntary and confidential.

9. Purposes of Mediation
 To help organisations prevent and manage interpersonal difficulties
 To enable better working relationships,
 To build more successful teams and
 To maximise organisational performance.

10. Advantages of Mediation
 Faster than litigation.
 Less expensive than litigation.
 Informal compared to
litigation.
 Parties select the neutral
position.
 Non-binding until agreement
is reached.
 Creative solutions are possible
 Private and Confidential
 Parties decide who
participates.
 Parties retain control of
process and outcome.
 Outcomes tailored to needs
and interests of parties
 Broader range of issues can
be decided.
 Improves parties’ capacity to
resolve future disputes
 Greater satisfaction with
outcome, higher level of
compliance.

11. Disadvantages of Mediation
 One party can refuse to mediate.
 Cannot make legal precedent
 Discovery is non-existent or
limited.
 May still need adjudication.
 Difficult if there is a power
imbalance.
 No precedent created
 Societal norms for behavior not
created, refined.
 May advantage more powerful
party.
 Since voluntary, may be difficult to
ensure participation.
 Does not guarantee end to dispute.

12. Factors Favoring Mediation
 Desire to avoid adverse precedent.
 No need to establish precedent.
 Need to avoid publicity or need for confidentiality or privacy.
 Desire for speedy resolution; need to avoid delay.
 Need to preserve continuing relationship.
 Recognition that emotions or hostilities may bar a settlement.
 Desire to minimize risk of imposed outcome.
 Need to reduce high cost of litigation.
 Existence of collateral issues that may enhance resolution in a
mediation forum.

13. Mediator Characteristics
 Neutral
– Never side any party in the conflict, the best role is
to get parties to mutually decide how to settle their
dispute.
 Intelligent
– Understands the nature of the issues.
– Socially and emotionally intelligent; can read the
parties and choose the appropriate approach.
 Trustworthy
– Can be trusted with information that one party does
not want revealed to the other party.

14. Mediation Process
Mediation is a process that moves through stages.
 Introduction:
– Mediator introduces self and sets the ground rules.
 Problem-solving:
– Mediator uses various approaches to help parties reach the
agreement.
 Agreement:
– Mediator helps finalize the agreement by getting
commitment from both parties.

15. What Tactics Do Mediators Use?
 Pressure:
– Push them to make concessions.
 Friendliness:
– To gain trust and confidence, use humor, let them blow
off steam, speak their language.
 Avoid negative emotions:
– Control expressions of hostility.

16. Negotiation versus Mediation
Negotiation
 Involves two or more parties
 Happens when there is a
problem, a conflict of interest or
a common concern between
parties.
 Appropriate when the parties
have a more-or-less even power
balance
Mediation
 Involves two or more parties
 Happens when there is a problem,
a conflict of interest or common
concern between parties
 Appropriate when the parties have
an uneven power balance and it
occurs following the invitation of
the parties to a conflict
 Involves an acceptable, impartial
third party whose role is to assist
the parties to reach their own
mutually acceptable agreement,
and who has no authoritative
decision-making power

17. Negotiation versus Mediation…
Negotiation
 Happens when the parties want
to reach a joint agreement
through verbal and interactive
process.
 Requires parties to identify the
issues of a conflict, educate
each other about their needs
and interests, come up with
possible settlement options and
bargain over terms of a final
agreement. (ACCORD)
Mediation
 Happens when parties are
willing to negotiate and reach a
joint agreement through verbal
and interactive process.
 Requires a mediator to assist
parties to identify the issues of
conflict, educate each other
about their needs and interests,
come up with possible
settlement options and bargain
over terms of a final agreement.
(ACCORD)

18. Mediation in Practice
Typical Cases-Mediation
 Civil cases, commercial contracts, torts, employment
disputes
 Family, especially when children involved
 Small claims
 Neighborhood, interpersonal disputes
 Environmental, public policy

19. Mediation Values
 Process is consensual
 Party self-determination
 Mediator impartiality
 Confidentiality