We have to create new values that can be offered to an opponent to claim needed ones. Active listening is important it this negotiations, we have to focus on what other is saying not only verbally but also emotionally. By creating list of valued demands, we can discard less important so more valuable could be accepted by parties.
Some parties might be trying to save face and that is why they are not being honest or telling the truth. Parties could be dealing with the tensions of connectedness and separateness, certainty and uncertainty, or even openness and closedness. The parties’ conflict styles could be avoiding, accommodating, competing, collaborating or compromising. It is important for mediators to be aware of all these different concepts and theories that can affect mediation. Through a thorough examination of conflict management styles, Face Negotiation Theory, and Relational Dialectics Theory it will be shown how important these theories and concepts are to effective mediation.
In his book, George Siedel talks about how there are two sources of power in negotiation. First, information, in general, is an important source of power. Second, specific information about your and the other side’s BATNA (best alternative to a negotiated agreement) can be used to increase your power and weaken the power of the other side. And he emphasized that one of the characteristics of a good negotiator is that he is a “careful listener”. He said, to “receive” information, negotiators must not only ask questions; they must listen carefully to answers because information is key to negotiating power.
Moreover, what kinds of dispute will be solved by different types of mediators and how these kinds of mediators influence the negotiation process are referring. At last, responsibilities and disadvantages of different styles of mediators will be represented. In brief, negotiation is a power game and mediator is always the impersonal rule maker. Mediator means an independent or a neutral third-party who helps the other two parties to consult contradiction or relax relationship during negotiation process. (Edwin, 2002, p 67) The purpose for mediator is clearing target and interest for parties, evaluating advantages and disadvantages for each position, exploring possible options, and encouraging them to reach agreement.
Chikwe (2011) posited that there are two types of negotiation. The positional negotiation and the collaborative negotiation. The first type of negotiation is based on the aggressive pursuit of interest by parties, and is typically adversarial and competitive. Parties make demands that are inconsiderate of the interest and needs of others, and this makes it difficult for this interest to be met. Parties may also perceive themselves to be in competition.
Getting the person away from the problem is an important first step because if the negotiation is not focusing on the problem then attacks on a person can happen, which could ruin the relationship. The interests are what are crucial because that is what is at the core of someone’s position. The position is the easy part to focus on but when looking at the interests of both groups there is a higher chance of mutual satisfaction. A third way to help a common gain is to create interests that both... ... middle of paper ... ...o gain an advantage, the best defense is to be prepared enough to notice deception or false statements. Sometimes mentioning what they are doing matter-of-factly can quickly dissolve this.
It’s essential to pinpoint the advantage and disadvantage of mediation to emphasize its significance. Mediation process involves fewer procedural rules in comparison to litigation or court room sittings. Mediation proceedings can be tailored to fit the needs of the parties, the mediator can be ask to play a diplomatic role or get more involved by expressing an opin... ... middle of paper ... ...ty and the absence of a third party, enforcer, makes it disadvantageous. The mediator can only help parties reach a decision not make decision for them , without a deadline or an enforcer that might impose sanctions’ if parties fail to negotiate in good faith they may be les willing to give concessions or honestly reach a settlement this may slow down or even halt the process. 2.1.3.
Some people can feel, see, think, and believe conflict differently from other people. For instance, if some people take conflict as positive as it is not necessarily something that people meet every day. Most of the common strategy to balance conflict in everywhere is to resolve keeping “Win-Win” strategy that involves two different closest elements such as collaboration and negotiation. “Win-Win” strategy is a very positive and equal result strategy which based on the interest of the parties rather than their positions. The ‘Win-Win” method overcomes challenges and increases good problem-solving abilities.
Negotiation is a discussion between two or more disputants who are trying to work out a solution to their problem. This interpersonal or inter-group process can occur at a personal level, as well as at a corporate or international (diplomatic) level. Negotiations typically take place because the parties wish to create something new that neither could do on his or her own, or to resolve a problem or dispute between them. The parties acknowledge that there is some conflict of interest between them and think they can use some form of influence to get a better deal, rather than simply taking what the other side will voluntarily give them. In this essay, we will compare the similarity and difference between two negotiation books namely, “Getting
But when does concealment constitute as deception? Withholding information intentionally in order to mislead the other party is unethical because they might have chosen differently if they knew all the information (Provis, 2000). Along with withholding information, being vague with information can have a negative impact on the possible alliance and could increase conflict with misunderstanding. Often one’s vagueness fosters growth that are good for their self-interests, but could be harmful when used to promote products or achieve a goal. On the other hand, using vague language can enhance flexibility during negotiations.