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Published byAmberly Jean Bates Modified over 9 years ago
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NATIONAL ASSOCIATION OF REALTORS ® Welcome to... The 2003 Mediation Training Seminar
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Negotiation Skills in Mediation René Stemple Ellis
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Why Negotiation? Mediation is facilitated negotiation Mediators negotiate with parties Mediators employ negotiation skills, such as: gathering information thinking outside of the box generating/assessing options BATNA risk analysis distinguishing interests versus positions
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Negotiation Models Competitive Cooperative Problem-solving
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Adversarial; contemplates win/lose High initial demand Few or small concessions Threats or arguments High economic results Competitive
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Advantages -- high economic results Disadvantages -- lack of sufficient information and increased competitiveness does not increase negotiator profits May ignore relationship issues
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Cooperative Reasonable opening offers and arguments Based on perceptions of fairness and justice Unilateral concessions to encourage reciprocation
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Advantages -- more durable Process less likely to break down Strengthens relationship Disadvantages -- lack of objective standards may be less satisfying and difficult to justify Cooperative
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Problem-Solving Joint effort to meet parties’ interests Fisher and Ury -- Getting to Yes
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Advantages -- many, including improved relationships, communication, legitimacy, and risk analysis Disadvantages -- exchange of information might leave party vulnerable to competitive tactics Problem-Solving
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Mediators and Barriers to Effective Negotiation Emotional issues Active listening and face-to-face discussion Cognitive dissonance; selective perception Restate the view; role reversal Reactive devaluation Externalize conversations; use hypotheticals
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Mediators and Barriers to Effective Negotiation Loss aversion Interject a more reasoned analysis of costs and benefit, and reframe Principle Question vindication and point out positives of settling
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