NCJ Number
108442
Journal
Missouri Journal of Dispute Resolution Volume: 1987 Dated: (1987) Pages: 39-42
Date Published
1987
Length
4 pages
Annotation
This article examines some advantages of seeking a commitment to flexibility from negotiating parties at the outset and contrasts this commitment to the more traditional commitment to negotiate in good faith.
Abstract
Any commitment by the parties at the outset of negotiations sets a mutual standard for the parties that can be used by the mediator throughout the sessions to achieve progress in the negotiations. The commitment to flexibility is made by each party to the mediator rather than by the parties to one another. This makes the issue of flexibility a matter to be discussed between each party and the mediator. A commitment to flexibility does not require the parties to sacrifice needs they want to be met nor to compromise on major concerns. It means, however, that they are willing to shift and change positions about how their needs are to be met or their concerns addressed so as to reach a mutual agreement on how problems are to be resolved. Such a commitment helps to ensure that negotiations will not stall. This commitment is more definitive than the commitment to negotiate in good faith, in that it has more precise criteria for reference in the course of the mediation. 2 footnotes.