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Negotiation & Mediation

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Sam Dunki

on 21 October 2014

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Transcript of Negotiation & Mediation

MEDIATION & QUESTIONS
Avoid leading questions!
Use closed- questions to gain confirmation of situational understanding
Use open-questions to gain information regarding the dispute and the specific concerns and interests of both groups
Use hypothetical questions to explore how parties feel about possible solutions (ex. What If?) *
This allows the mediator to further explore what the parties want while remaining neutral. This also gives both sides power in solution and settlement of the dispute
DEFINING POINTS OF AGREEMENT AND DISPUTE
*Help participants move towards a position where they start to understand each others point of view, and can begin to resolve a shared problem
NEGOTIATION SKILLS
Effective verbal communication and good interpersonal skills
Active listening to understand the other party
Reducing misunderstandings is a key part of negotiation being effective
Rapport building for strong relationships based on mutual respect
Problem solving is a skill to reach an agreement so both parties can hopefully be satisfied
Raising the quality of your decision making
Be assertive to feel better about oneself which improves self-esteem and personal confidence
When dealing with difficult situations, we need to learn to reflect and find positives to help improve similar future situations
DEVELOPING AN AGREEMENT
*Agreement should be made SMART:
-Specific
- Measurable
-Attainable
-Realistic
-Time bound
MEDIATION SKILLS
Strong interpersonal skills & emotional intelligence
Empathy to be able to form a trusting relationship with both sides of the dispute
Active listening to gather information and encourage party to speak (80% of talking done by mediator)
SO.L.E.R to build genuineness and rapport
Use summarizing to demonstrate understanding, seek clarification, & to bring focus to key issues
Create an environment where the party feels equal to the mediator (never power over)
Maintain a sense of neutrality
Re-frame negative statements into positive ones
Negotiation & Mediation
MEDIATION
Is used to settle disagreements between two parties or individuals or groups with opposing interests
Involves finding a solution that makes both parties happy or content or at least within agreement
Can be facilitated by a neutral third party that can objectively see both sides of the dispute, and can negotiate or propose a solution
The role is often referred to as "mediator"
The mediator is to help others resolve their problems in a mutually agreeable way without getting bogged down in the problem themselves
MEDIATION PROCESS !!!
1.) Preparation
2.) Reconstructing & Understanding the Conflict
3.) Defining Points of Agreement & Dispute
4.) Creating Options for Agreement
5.) Developing an Agreement

PREPARATION
*Laying out for the mediation process
Basic rules of communication and confidentiality will be discussed in the preparation phase
Some ideas include:
-One person talks at a time (talking stick)
-When one person is talking the other people are listening
-No verbal abuse at any time
-Everything remains confidential unless both parties agree to speak about it outside of mediation
-Setting out mediators role (remain impartial to help the parties reach solutions, and protect parties from each other if necessary

RECONSTRUCTING AND UNDERSTANDING THE CONFLICT
*Listen to participants stories, (together or separately) and clarify what they want to achieve from the process
Summarize the main points of conflict in a neutral way that both can agree upon, and propose an agenda for the discussion (order in which issues should be discussed)
It is also a good idea to name the emotions that the participants are portraying, to demonstrate that they are being heard, recognized, and understood.
Transform focus from past to present & future
Use paraphrasing and summarizing in neutral terms to help participants identify areas of agreement, and check understanding.
Don't be afraid to suggest a break for coffee or a walk, if things are getting a bit heated.
is a valuable reflection
for everyone!
CREATING OPTIONS FOR AGREEMENT
*A helpful tip is to identify the simplest area, or one on which there is most agreement, and suggest resolving that first, to give a "quick win!"
Brainstorm with participants; anything goes at this point!
Help them develop evaluation criteria, which should ideally be objective and in order of importance
Make sure all participants are equally involved in generating options and developing evaluation criteria
Reflect their opinions and do not give your own, but you can point out linkages between options and/or problems
When options have been evaluated, guide them to a single soluion that suits all parties, and help them fine tune it.
Write proposal in neutral language and read it back
Write down individual points so they are clear
Clarify any general or vague points
Avoid legalistic language; keep it simple!
Summarize progress and next steps: deadline for future meetings, identifying any other areas of difficulty, options for resolution.
Be positive about progress and the fact everyone has stayed engaged
Offer continued support as a mediator
Ensure both parties sign the agreement right there, and close the meeting once this has been done.
MEDIATION TACTICS (2)


*General Tactics: can be applied to most conflicts-> involves analyzing conflicts, identifying party interests, facilitating negotiations and helping make proposals (solutions), drafting agreements and developing action plans
*Contingent Tactics: used to address problems such as-> value clashes, power imbalances, destructive interactions, strong emotions, and misinformation.
WHAT INFLUENCES MEDIATION?
*Stage of conflict
*Balance of power between parties
*Negotiation procedures being used
*How complex the issues are
*Whats expected of the mediator

REFERENCES FOR MEDIATION

Compton, B.R., Galaway, B., & Cournoyer, B.R. (2013). Social work processes, (7th ed.). Toronto, ON: Nelson Education Ltd.

Jesser221(2011). Wedding crashers mediation edited [video file]. Retrieved from Youtube: http://www.youtube.com/watch?v=1X3AtSDFrY

Moone, C. (1996). The mediation process:Practical strategies for resolving conflict (2nd ed.) San Francisco: Jossey. Bass publishers. retrieved from www.colarado.edu/conflict/peace/moor7538.htm.

(2011). Mediation skills [webpage]. Retrieved from Skills you need: www.skillsyouneed.com/ips/mediation-skills.html
NEGOTIATION
A method where people settle differences
Process to compromise or come to agreement while avoiding argument and dispute
To try to reach agreements without causing future barriers to communications
The principles of fairness, seeking mutual benefit, and maintaining a relationship are the keys to a successful outcome
The process of getting what you want from another person (we negotiate almost everyday)
WIN-LOSE APPROACH
While one side wins, the other side loses; in other words this approach is seen as "getting your own way," "driving a hard bargain," or "beating off the opposition."
This outcome will damage future relationships between the two parties, and increases the risk for the relationship breaking down in the process, as one party will walk out or refuse to deal with the 'winners', and resulting in a dispute.
Win-Lose bargaining is the most familiar form of negotiation, and it is where individuals decide what they want and each side takes an extreme position (asking the other side for much more than they expect to get)
Haggling is the giving and making of concessions, and when a compromise is reached, each side hopes that the compromise will be in their favor.
Ex.) Haggling over the price of a car
Drawbacks of this approach (conflict situation, dishonesty, & not the best possible outcome, agreement is less likely to be reached)

WIN-WIN APPROACH
Looking for resolutions to allow both sides to gain
Professionals use this approach to negotiate for mutuality
Both sides end up being satisfied instead of a win-lose situation
Key points when aiming for this approach:
*Focus on maintaining the relationship
*Focus on interests not positions
*Generate a variety of options
*Aim for the result to be based on an objective standard
STAGES OF NEGOTIATION
*In order to achieve a desirable outcome (win-win) it may be useful to follow a more structured approach to negotiation!
Preparation
Discussion
Clarification of goals
Negotiate towards a win-win outcome
Agreement
Implementation of a course of action
PREPARATION
*When and where a meeting will take place, to discuss the problem and who will attend.
Ensure all the pertinent facts of the situation
Basic rules should be set out to avoid further dispute and conflict in communication
Know and understand the agreed upon rules
Setting a time limit scale can be a useful tool
Will help avoid further conflict
Will help avoid unnecessarily wasting time during the meeting

DISCUSSION
*Individuals or members of each side put forward the case as they see it (voicing their perspectives)
Use of open and closed questions are to be most effective during this stage
Portraying active listening skills; verbally with minimal encouragers and non-verbally with S.O.L.E.R
Clarifying skills can be used here to help each other understand ones perspective
Can be helpful to take notes to record all points
If disagreement takes place, its easy to say too much and listen to little
Equal opportunity for both sides to present their case
CLARIFYING GOALS
*The goals, interests, and viewpoints of both sides of the disagreement need to be clarified
List these factors in order of priority
Identify or establish some common ground
This is an essential part of the negotiation process
Without it, misunderstandings can occur which cause problems, barriers, and more disputes which decrease the success of the beneficial outcome
NEGOTIATE TOWARDS A WIN-WIN OUTCOME
*Helping both sides gain something and making both sides feel their point of view has been taken into consideration
A win-win outcome as seen before is the best result
This should be the ultimate goal
Suggestions of alternative strategies and compromises need to be considered at this point
Compromises are often positive alternatives which can often achieve greater benefit for all
AGREEMENT!!!!
*Agreement can finally be achieved once understanding of both sides points and interests have been considered.
Everyone must keep an open mind in order to achieve an acceptable solution
Any agreement needs to be made perfectly clear so each side know and fully understand what has been decided
Writing the agreement down and having sides sign it can be beneficial depending on the situation.
IMPLEMENTING A COURSE OF ACTION
*A course of action needs to be implemented to carry through the decision and agreement
Strategic thinking is useful tool in this stage
Take ideas and goals and put them into action
It doesn't matter how good your plans are on paper, you need to actually implement them in order for agreement to be carried out!
WHEN DO WE USE NEGOTIATION?
WHAT CAN INFLUENCE NEGOTIATION?
Specific forms of negotiation are used in many situations such as:
international affairs
the legal system
government
industrial disputes
domestic disputes

However, general negotiation skills can be applied and used in a wide range of activities and can help resolve any differences that arise between you and others.

In informal negotiation, at times, it might not be possible or appropriate to go through the stages that are set in a more formal manner
*Attitudes
Attitudes towards issues or particular cases, can be linked to personal needs for recognition.
Underlying attitudes strongly influence all negotiation
Best to remain positive!

*Knowledge
Good preparation is essential because the more knowledge you possess of the issues, the greater your participation in the process of negotiation.
Gather as much information about issues
Be aware that negotiation may not always help! You may need a mediator.

*Interpersonal skills
These are all the skills we showed earlier that are effective for both formal and informal negotiations.

REFERENCES FOR NEGOTIATION
Compton, B.R., Galaway, B., & Cournoyer, B.R. (2013). Social work processes, (7th ed.). Toronto, ON: Nelson Education Ltd.

Kelchner, L. (2014). Top ten effective negotiation skills [webpage]. Retrieved from Chron Demand Media: http://smallbusiness.chron.com/top-ten-effective-negotiation-skills-31534.html

(2011). Negotiation skills [webpage]. Retrieved from Skills you need: www.skillsyouneed.com/ips/negotiation-skills.html

Salama, A. (2012). Analysis of a negotiation [video file]. Retrieved from Youtube: http://www.youtube.com/watch?v=BAj2j26kuz

Full transcript