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Negotiation Essay

1. List 5 ideas that can be used to avoid a win/lose situation in the negotiation process.

2. List 3 indicators that the person with whom you are negotiating is using competitive negotiation techniques. How could you deal with each of these?

3. Discuss the value of collaborative negotiation.

In collaborative negotiation the approach is to treat the relationship as an important and valuable element. The competitive approach to negotiation assumes a fixed pie, zero-sum, win-lose situation. In collaborative negotiation, it is assumed that the pie can be enlarged by finding things of value to both parties, thus creating a win-win situation where both parties can leave the table feeling that they have gained something of value.

The collaborative approach to negotiation seeks to convert individual wants into a single problem and to bring both parties together to work on solving this problem. By converting individual positions and wants into separated problems, the people can be freed up from jealous and personal attachment to their requirements so they can then take a more objective and equitable position from which they can act in a more collaborative way.

4. Why is it important to separate people from problems?

5. Give three situations in which intervention would be appropriate.

6. In the workplace, what role do you believe a manager should have in intervention?

7. In what situations do you believe intervention should be mandated? Voluntary?

8. What should be the goal of mediation?

Mediation is a voluntary collaborative process where individuals who have a conflict with one another identify issues, develop options, consider alternatives, and develop a consensual agreement. Trained mediators facilitate open communication to resolve differences in a non-adversarial, confidential manner. Mediation is a means to resolve disputes without resorting to litigation or other adversarial modes of dealing with conflict. By seeking a “win-win” solution, acceptable to both sides, mediation promotes better understanding among disputants. It also costs less, results in more lasting agreements than litigation, and can be used for emotionally sensitive disputes where other forms of conflict resolution are inappropriate.

A “goal” is defined as “a reasonable expectation to achieve a negotiated resolution”. In recognition of the multiple sides to a negotiation, it is reasonable to anticipate each party has one. The chance that these “goals” are the same is fortuitous at best. . The goal of mediation is to provide a forum where the parties in conflict can communicate their needs and interests, and thereby take active roles in settling their disputes. The mediator gathers relevant information, helps the parties invent creative options for mutual gain, and assists the parties in making informed decisions to resolve their disputes.

9. What is arbitration? Give an example of when it would be appropriate.


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