When may a mediator be called into negotiations?
Posted by Stephen Wood on Monday, January 2, 2017 Under: When to use
In his textbook 'The Mediation Process', Christopher W Moore sets out that a mediator may be called into negotiations when:
- Parties are having difficulty contacting each other, convening a meeting or starting talks;
- Disputants cannot reach agreement on an acceptable forum or structure for negotiations;
- Parties' emotions or expression of negative feelings about the situation or toward each other are intense and are preventing a focused or calm discussion or agreement;
- There is a significant lack of trust and respect between or among disputants that is hindering productive talks;
- Communication between parties is poor in quantity or quality, and they cannot improve it on their own;
- Misperceptions or stereotypes are hindering productive exchanges;
- Repetitive negative behaviours by one or more disputants are creating barriers to effective communication or problem solving;
- There are serious disagreements between or among parties over data - what information is important, how it is collected, and how it is evaluated;
- There are multiple issues in dispute, and disputants disagree about whether or how each should be addressed or resolved;
- Disputants are stuck in bargaining over positions, each of their preferred solutions, and are unable to identify each other's interests and develop mutually acceptable interest-based solutions;
- There is only one contested issue and parties cannot find a way to divide it into multiple smaller ones, each of which could potentially be addressed and solved, or to find other issues or items of value to trade;
- There are multiple issues in dispute and disputants are trying to resolve them one at a time, rather than linking issues and exchanges or developing a package agreement in which costs and benefits are shared in a mutually acceptable manner;
- There are perceived or actual incompatible interests that parties are having difficulty reconciling;
- Perceived or actual beliefs or differences over values divide disputants;
- Parties do not have an effective negotiating process, are using the wrong one, or are not using a potentially viable procedure to its best advantage;
- Disputants are reluctant to settle because they fear creating or not creating a precedent for settlement of similar disputes in the future;
- Parties are feeling pressure not to settle from circumstances or parties beyond those in negotiations;
- Disputants are reluctant to commit to an agreement because of potential unknowns, risks, or potential changed circumstances in the future; and/or
- Parties lack trust in each other and are concerned that the settlement will not be implemented as agreed.
In : When to use
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