Mediating the Negotiation … Ouch!
May 11, 2010 4 Comments
The negotiating parties might not have a conflict of interest but the emotional involvement and the negotiators’ ego may cause the conflict (Noll, 2009). The mediator will face a challenge to control the personal differences during the negotiation because some of the reasons for the conflict is the readiness to meet and discuss. The mediator’s job is to listen to both sided of the discussion. Noll (2009) state that “many disputes end up in litigation because someone feels that he or she has not been heard.” (p. 45). The mediator should use his authority as a mediator to stop the repeated interruption and give equal and fair chance for both sides to state their views. The mediator might offer encouragements or threaten to take away benefits to help steer the negotiation in the right direction (Favretto, 2009).
The mediator has to be neutral with good negotiation leadership to be able to end the discussion. Mediation as stated by Fridl (2009) is a form of intervention to resolve a conflict by negotiating an acceptable settlement. The definition of “acceptable” would vary from one person to another. The mediator should lead the negotiation by his or her communication skills to reach a compromising solution (Fridl, 2009) that both parties could not reach by themselves. Fridl (2009) state that the negotiation would not reach an acceptable solution for three main reasons. First reason would be the readiness of the negotiating parties to accept a compromise. Sometimes the parties would not compromise their demands because they feel that what they have asked for is their right to have and the other party should compromise. The second reason would be the mediator’s failure to lead the negotiation toward a compromising solution. The third reason would be the benefactors readiness to seek out a constructive alternatives. The benefactors could be the shareholders or board of directors of the negotiating parties.
Favretto, K. (2009). Should peacemakers take sides? Major power mediation, coercion, and bias. [Article]. American Political Science Review, 103(2), 248-263.
Fridl, D. D. (2009). Kosovo negotiations: Re-visiting the role of mediation. [Article]. International Negotiation, 14(1), 71-93. doi: 10.1163/157180609×406526
Noll, D. E. (2009). The myth of the mediator as settlement broker. [Article]. Dispute Resolution Journal, 64(2), 42-48.