The Diffences Between the Negotiation and the Mediation Processes

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This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their issues, they can request a third party to intervene and assist in obtaining a mutually acceptable agreement of the issues involved in the conflict which is the mediation process. The negotiation process is the first phase that leads and continues throughout the mediation phase of reaching a solution to the dispute. The mediation process is a voluntary course of action that the parties must decide to take part in to help resolve the situation. The parties cannot be force to participate in the process and they are not obligated to reach a decision. They can walk away from the process if they feel uncomfortable or if they feel that there is no right answer for them in the process. The medication process is a continuation of the negotiation process in which the lines of communication is still open to allow the parties to work through their impasse for solutions of the disputed issues which is mutually beneficial for both parties. The mediator assist the parties in evaluating advantages and disadvanta...

... middle of paper ... and how they have applied their services in the past to achieve successful goals for their clients in a dispute.
Gaining a commitment to mediate is another important step in mediating with both parties. In addition to the parties, “the mediator must believe that there is a common commitment by the parties to the process as a means of resolving their dispute and to the mediator as an assistant in this effort.” (Moore, 2003) Getting the parties to agree to the mediation process is essential however verifying that they are commitment to the process and will have an open mind and give the mediation process their 100% focus at achieving a successful settlement. Asking question and collecting data at the beginning of the process about the issues or concerns is critical for committing to the mediation process and helping the parties understand and respect the process.
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