Welcome to . . .

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Welcome to . . .
NATIONAL ASSOCIATION OF REALTORS

• The 2003
• Mediation Training Seminar

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Negotiation Skills in Mediation René Stemple Ellis
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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

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Negotiation Models

• Competitive
• Cooperative
• Problem-solving

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Competitive

• Adversarial contemplates win/lose
• High initial demand
• Few or small concessions
• Threats or arguments
• High economic results

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Competitive

• Advantages -- high economic results
• Disadvantages -- lack of sufficient information
  and increased competitiveness does not increase
  negotiator profits
• May ignore relationship issues

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Cooperative

• Reasonable opening offers and arguments
• Based on perceptions of fairness and justice
• Unilateral concessions to encourage reciprocation

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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

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Problem-Solving

• Joint effort to meet parties interests
• Fisher and Ury -- Getting to Yes

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Problem-Solving

• Advantages -- many, including improved
  relationships, communication, legitimacy, and
  risk analysis
• Disadvantages -- exchange of information might
  leave party vulnerable to competitive tactics

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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

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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