Mediation and Negotiation
The Philosophy Of Mediation
The underlying philosophy in mediation is to empower the parties to settle their own dispute. Mediators do not impose a decision upon the parties. Mediators carry out this philosophy by assisting them to negotiate co-operatively. Mediators remain neutral and impartial as to the parties and the outcome.
A "good" outcome is one the parties consider good. It is not for the mediator to judge whether the outcome is "just", appropriate or acceptable. The mediator may suggest possible solutions and help the parties ensure the outcome they agree to is one that will endure.
Cooperative solutions, such as mediation, have been termed "win-win" solutions.
By way of example of the principle differences between consensual (win-win) and adversarial (win-lose) processes there is a classic example of two young girls each wanting the only available orange. [Fisher and Ury (Getting to Yes 1981 Penguin)].
The "win-lose" solution would be for one girl to get the whole orange and for the other to get none.
The compromise solution would be for one girl to get half the orange and for the other girl to get half.
The "win-win" solution would be to look for the needs or interests of the girls. Why do they want the orange? It may be that one wants a drink of the juice and other wants the peel to bake a cake, or even the seed to plant for a science experiment. In this situation, it is possible for a win-win solution to enable both girls to get their needs met.
To find a cooperative solution requires people to expand their thinking and to look for creative solutions, that fulfill the requirements of each of the parties in dispute.
Sterlings have been trained by the Australian Institute of Arbitrators and Mediators to work with disputing parties to attain win-win solutions to problems - just ask and we can assist you !
Negotiation - Playing The Game
Negotiation is undertaken by a set of rules, just like a game of chess. The big difference between negotiating and chess is that, in negotiating, the other party doesn't have to know the rules. The other party will respond predictably to the moves you make. Not every time, of course, but the likelihood is so high that we know that negotiating is more a science than an art.
There are opening moves to get the game started in your direction. There are plays to keep the game moving in your direction. And there are closing moves to use when you get ready to close the sale.
- Ask for more than you expect to get
- Be plausible
- Avoid confrontational negotiation
- Shut up, don't say another word after you make an offer !
- Handling the person who says they have no authority
- Good guy/bad guy
- The importance of the small concession
- Get the other side to commit first
- Acting dumb is smart
Sterlings understand negotiation and have presented many courses to building students explaining the process of negotiation from both parties point of view.
