Mediation

General: What happened; what was the outcome; were you successful or not; why and why not; We did 3 negotiations and each person took a turn as a mediator. In each case the two parties were able to reach a mutual agreement.
· who was satisfied (answer this before comparing walkaways or comparing information); Everyone was satisfied.
· did either violate his/her walkaway; if so, why?
Nobody violated walkaways. These cases were less straightforward about the walkaway and more about solving a problem that could not be agreed upon before.
· if there was a gap in walkaways, how did you bridge (or try) the gap
There were gaps that were bridged.
· did we get near the “Pareto Frontier?” or …did we “leave money on the table”…where are we on the graph?
I think each one worked out well. No money on the table.
· was there anything that surprised you about the negotiation
When I was the mediator, the people gave concessions until the gap had been closed substantially and then haggled forever over the last ten dollars. I am still confused about this one.
Negotiation Process: What was the process of negotiation- opening offers, sequences of offers, counteroffers, anchoring, initial offer, counteroffers? Did the other side start really high/low? What effect did this have on the negotiation?
It was different in each case, but in general each side was making an offer that the other saw as ridiculous.
A test: was my negotiation effective? (some of these may not apply in a particular exercise)
Score yourself from 1=poor to 5=excellent
_4_ Planning and Strategy: did I have a strategy; was my walkaway right; did I estimate the other’s well?
_4__Did I establish my own priorities and potential trade-offs
_4__First approach: were we win-win, positive; try to establish rapport; did I deal with first offers effectively?
_4__How well did I develop a plan for managing the process of negotiation?
_4__Did I actively shape the agenda and manage the process to my advantage?
_4__How well did I try understand the other person:
_4__Exploring Interests: did I communicate my interests;
_4__Persuasion: How well did I persuade the other side about my legitimate needs and limits and the value of what I offered
_4__The Other's Interests did I find out the other side's real interests and constraints
_4__Creating Value (integrative or win-win) vs Claiming Value (distributive or win-lose)
_4__Options: Did we explore "expand the pie" options: did we try to find ways of meeting each party’s needs
_4__Inquiry vs. advocacy: did I ask (inquiry) a lot of questions, or just advocate my position
_4__Alternatives: Was I clear on my BATNA; was I clear about what happens if there is no agreement
_4__Legitimacy: was the agreement considered fair by some external benchmark
_4__Commitments: did the agreement avoid problems in the future; were any “strings left untied?”
_4__Communication: did we practice effective two way communication…did we listen…did we rephrase…
_4__Focus on the problem, not the person: did we avoid attacking or threatening the other person
_4__Relationship: did we deal well with differences; is our relationship better off now than before
_4__Psychological factors: did outside factors (eg. emotions) affect the outcome (their efforts or ours)
_4__Did we reach an outcome that maximized potential mutual gains; did we come close to the "Pareto Frontier?"
_4__Other factors: did anything else affect the negotiation-physical space, time pressure, etc.


Did we use the Techniques of Principled Negotiation: (did the other party?)…If not, what blocked it?
Yes, with the help of the mediator.
· listen, be warm and friendly; avoid quarreling; ask questions, ask questions, ask questions, ask clarification, rephrase
The mediator made this possible, in each case there was a caucus for each party.
· be open to persuasion
Eventually
· be principled (“You want to pay….I need …Can you think of ways that is fairer than splitting
When the mediator asked questions these things became clear.
· turn the interaction from adversarial haggling into side-b-side solving of the problem of what is fair.
Eventually
For Yourself: General Conclusion: In areas where you felt you were less than totally successful, how might you be more effective next time. From this exercise, what did you learn that you are going to try to do better next time you negotiate;
I think acting as a mediator, I was able to see the negotiation in a different way than I did as one of the negotiators. By trying to find out how each side felt about everything I felt like solutions became clear to me fairly quickly. When I negotiate in the future, I hope I can take a step back and try to see the situation from this point of view to get information about the other side and come to the best solution.
· What were keys to the negotiation being successful or unsuccessful
Asking questions and getting each side to see the alternatives.
· What would you do differently if you were to do this same negotiation again
I would try to get the two sides to do as much on their own as possible.
· what did you learn about yourself? About negotiations What tendencies do you have in negotiation that you need to be careful about (too aggressive, too likely to quit searching for solutions once your; What do you feel you need to work on? What would you do differently next time? I tend to look for the best solution before trying to focus on my own position.
· What did you learn in general?
That mediation is very interesting. It seems like it could be a rewarding activity.
· If this were a real case, what obstacles to joint problem-solving might you encounter; how would you overcome them?
I think people would have been more emotional and probably less willing to cooperate so easily. I would overcome this by asking them to talk to me and really try to help them see their alternatives and the benefits of solving the problem (if it was beneficial.)