Q & A Table of Contents
Getting The Parties To Be Honest With A Mediator
From: Laureena, Annerley, Australia
Question: How can a mediator encourage disputing parties to look at their own interests (and the other party's) instead of focussing on their positions. The old Positional Bargaining v. Principled Negotiation situation!
Response: The mediator's fundamental job is to ask questions of each of the parties. She should keep looking for the 'why' that underlies the 'what' each party wants.
A skilled mediator will spend time alone with each party, developing an understanding of the assumptions each party has made about his/her interests and positions -- and the interests and positions of other parties, the constituents who are relying on the contending parties, and others who could be characterized as stakeholders in the outcome. This is explained in greater detail in Chapters 4 & 5 of my book, Negotiating Skills for Managers (McGraw-Hill, 2002).
The result of this preparation will be that the mediator will be able to see connections among the matters concerning the parties -- and will be able to ask more questions yielding more useful answers in the mediation process.
Good luck,
Steve
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