NCJ Number
101536
Journal
Negotiation Journal Volume: 2 Issue: 2 Dated: (April 1986) Pages: 187-194
Date Published
1986
Length
8 pages
Annotation
This article identifies problems and suggests solutions for mediators' behavior during the intake, data gathering, problem definition, and bargaining stages of mediated negotiation.
Abstract
Problems during intake may include not taking control of the situation, being locked out by the parties, becoming enmeshed in fighting, ignoring feelings, and negotiating prematurely. To be effective, the mediator must take firm control of the process, while leaving clear control of the content to the parties. Potholes common to the data-gathering stage may include not checking data sources, giving judgmental advice, arguing, or wandering off task. A clear agenda and a plan of action for each session can help overcome these problems. During problem definition, it is important that the mediator reframe the problem statement in a way that is balanced for both parties and that threats not be used by a party to gain unfair advantage. Because option development requires an environment in which every idea can be examined, the mediator should not allow ideas to be dismissed and should not be too directive. Finally, during bargaining, possible mediator-caused problems may arise from becoming invested in an option, failing to test the fairness of positions and exploring the consequences of each option, and failing to assure that the parties have clear bottom lines. 4 references.