NCJ Number
93279
Journal
Mediation Quarterly Issue: 1 Dated: (September 1983) Pages: 75-92
Date Published
1983
Length
18 pages
Annotation
Each step of the information exchange in negotiations is structured to ensure that the disputing parties focus on mutual self-interests rather than narrow self-interest, such that the problemsolving that results is beneficial to both parties.
Abstract
In negotiations, it is the task of the mediator to ensure that the format moves each party from a posture of positional bargaining where each party uses tactics to achieve only personal benefit to a problemsolving approach which frames each issue as a single problem to be solved through the cooperation of the parties in reaching a resolution acceptable to both. This process involves identifying overlapping self-interest; for example, in the mediation of a divorce agreement, the husband may propose that the wife receive her share in income-producing assets. This has a disadvantage to the husband in that his share of the assets will not produce income immediately, but since he is the high-income earner, he can give up this benefit without too much difficulty. The wife, on the other hand, receives assets that move her immediately toward income independence. She is then able to reduce her proposal for the amount of support she needs and perhaps the duration of that support. This meets the husband's needs as it frees up his cash flow during the period in which he is paying support. This solution meets both parties' self-interest and is derived from the area of overlapping interests. This paper also illustrates the steps in negotiation through a buyer-seller negotiation on the price of real estate. Six references are listed.