Negotiation is a crucial component of any mediation process, whether it involves resolving a commercial dispute, a business transaction, or any other type of conflict. Mediation can be a powerful tool for finding common ground and reaching a resolution that satisfies all parties involved. However, successful mediation requires effective negotiation skills. In this article, we will explore some of the most important negotiation tips for mediation.
Tip 1 – Know your goals and priorities
Before entering into mediation, it’s essential to have a clear understanding of your goals and priorities.
- What is it that you hope to achieve through the mediation process?
- What are your non-negotiables?
- What concessions are you willing to make?
Understanding your goals and priorities will help you stay focused during the mediation and avoid getting side-tracked by minor details.
Tip 2 – Focus on interests, not positions
One of the most important negotiation tips for mediation is to focus on interests, not positions. In other words, do not get bogged down in the specifics of what each party wants. Instead, try to identify the underlying interests and motivations that are driving each party’s position. By understanding the interests at play, you may be able to find creative solutions that meet everyone’s needs.
Tip 3 – Listen actively
Active listening is critical during any negotiation, and mediation is no exception. Make sure to listen carefully to what the other parties are saying and ask clarifying questions if needed. By actively listening, you can gain a better understanding of the other party’s interests and priorities and find common ground.
Tip 4 – Build rapport
Building rapport with the other parties can help create a positive and productive atmosphere for mediation. Be friendly and respectful and try to find common ground outside of the dispute at hand. Building rapport can help establish trust and encourage the other parties to be more open to negotiation.
Tip 5 – Use objective criteria
Using objective criteria, such as industry standards or legal precedents, can help remove the emotion from the negotiation and create a more rational basis for decision-making. When both parties agree on objective criteria, it can be easier to find common ground and reach a resolution that satisfies both parties.
Tip 6 – Explore alternatives
If negotiations reach a deadlock, it is essential to explore alternative solutions. Mediation offers an opportunity to be creative and think outside the box and to brainstorm alternative solutions that may not have been considered before mediation. It is important for the parties to be open to compromise.
Tip 7 – Keep an open mind
Finally, it’s essential to keep an open mind during mediation. Be willing to consider different perspectives and ideas and be open to changing your own position. The best way to achieve this is to become curious about the other perspectives shared in mediation, by asking open questions and seeking further explanations. By keeping an open mind, you can find unexpected solutions and reach a resolution that satisfies everyone.
Conclusion
In conclusion, mediation is a powerful tool for resolving conflicts, and requires effective negotiation skills. By keeping these negotiation tips in mind, you can increase your chances of a successful mediation and find a resolution that satisfies all parties involved.
How can you find out more?
At Norling Law, we are passionate about solving commercial disputes and legal issues.
We offer professional, independent, and impartial mediation services to users in a dispute. Norling Law supports mediation as an efficient way of solving legal issues. Especially if the parties to the dispute want a negotiated outcome that remains private and confidential and puts a prompt end to the costs of having the dispute ongoing.
As mediators and representatives, we assist the users to a mediation achieve their priorities throughout the mediation process and enable them to make informed decisions regarding the resolution of the disputes they are involved in.
At Norling Law, we receive a large number of commercial disputes. Commercial disputes can be extremely stressful and can often be suitable for mediation. The parties may have been negotiating directly to reach a solution that would meet the interests of both parties. However, the parties often find it difficult to reach agreement.
Using mediation is an option that could potentially resolve commercial problems quickly and efficiently. Mediation is a low-cost option to consider before deciding on whether to litigate. Traditional mediation is usually a more expensive process as it involves the users meeting physically and there are resulting costs involved with travel and booking a neutral meeting room (or rooms). Sometimes traditional mediation might not be available at all for urgent matters.
Wendy Alexander can effectively assist users of mediation with her extensive experience as a commercial mediator. Wendy completed training at Program on Negotiation at Harvard Law School, USA and the AMINZ. Wendy is also an Associate Member of AMINZ. This training complements the skills she already has in negotiation and dispute resolution.
If Wendy’s expertise can be of assistance, the first step is to send us the details of the situation here.
Wendy has over 20 years’ experience in civil litigation in New Zealand with a main focus on construction, insolvency and debt recovery and security enforcement.