NATIONAL ASSOCIATION OF REALTORS®
Welcome to . . .
The 2003
Mediation Training Seminar
Negotiation Skills in Mediation
René Stemple Ellis
Why Negotiation?
Mediation is facilitated negotiation
Mediators negotiate with parties
Mediators employ negotiation skills, such as:
gathering information
thinking outside of the box
generating/assessing options
BATNA
risk analysis
distinguishing interests versus positions
Negotiation Models
Competitive
Cooperative
Problem-solving
Competitive
Adversarial; contemplates win/lose
High initial demand
Few or small concessions
Threats or arguments
High economic results
Competitive
Advantages -- high economic results
Disadvantages -- lack of sufficient
information and increased
competitiveness does not increase
negotiator profits
May ignore relationship issues
Cooperative
Reasonable opening offers and
arguments
Based on perceptions of fairness and
justice
Unilateral concessions to encourage
reciprocation
Cooperative
Advantages -- more durable
Process less likely to break down
Strengthens relationship
Disadvantages -- lack of objective
standards may be less satisfying and
difficult to justify
Problem-Solving
Joint effort to meet parties’ interests
Fisher and Ury -- Getting to Yes
Problem-Solving
Advantages -- many, including improved
relationships, communication,
legitimacy, and risk analysis
Disadvantages -- exchange of
information might leave party vulnerable
to competitive tactics
Mediators and Barriers
to Effective Negotiation
Emotional issues
Active listening and face-to-face discussion
Cognitive dissonance; selective perception
Restate the view; role reversal
Reactive devaluation
Externalize conversations; use hypotheticals
Mediators and Barriers
to Effective Negotiation
Loss aversion
Interject a more reasoned analysis of costs
and benefit, and reframe
Principle
Question vindication and point out positives
of settling