Mediating the Negotiation … Ouch!

Listen to this postThe 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.
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References:

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.

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About Sami Malallah
My thoughts and ideas are without politics, sarcasm or negativity. Please comment on them and share them with others.

4 Responses to Mediating the Negotiation … Ouch!

  1. Iqbal Malallah says:

    Interesting .. Thank you . One day if you establish a company or a foundation , i would like to be one of your managers ( not any employer !! ) , because ( I think ) i am an excellent negotiator .

    • Yes. You will be a good mediator and negotiator.

      Regards,

      Sami Malallah Sent from my iPhone

  2. Moubine Nsouli says:

    It seems the topic you are covering today is what I am going through in my professional life. Being the negotiator in an emotionally laden situation is quite a mouthful to handle, I have been negotiating with counter parties in regards to their stake in a project, keeping in retrospect their investment and their demands vs the legal implication and common ground business ethics. No consensus could be reached as the business common sense went out of the window, making it fairly difficult to progress.

    • My hart, my thoughts and prayers are with you. It is a difficult situation but I am sure that you will be able to mange it.

      Sami Malallah Sent from my iPhone

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