An approach to negotiation first articulated in the book Getting to YES written by Roger Fisher and William Ury. The problem-solving approach argues that (1) negotiators should work together as colleagues to determine whether an agreement is possible that is better for both of them than no agreement, (2) in doing so they should postpone commitments while exploring how best to maximize and fairly distribute the value of any agreement, and (3) it makes sense for one party to take this approach even if the other does not. The problem-solving approach emphasizes partiesÕ underlying interests rather than their positions, and encourages parties to maintain and build their relationship even if they disagree rather than creating an adversarial process. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 292-93)
The following items are tagged problem-solving approach.
Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult.
Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction, and you’ve never even met. Or perhaps one of you feels threatened or intimidated by the other and is reluctant to meet in person.
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations.
So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
Scott R. Peppet, a professor at the University of Colorado School of Law in Boulder, Colo., reports that mediation may be quietly creeping into transactional negotiation, or traditional deal-making, as well.
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
Scott R. Peppet, a professor at the University of Colorado School of Law in Boulder, Colorado, reports that mediation may be quietly creeping into transactional negotiation, or traditional dealmaking, as well. In Peppet’s survey of 122 practicing mediators, 48 reported having been involved in deals ranging from $100,000 to $26 million in value.
Adapted from “The Crucial First Five Minutes,” first published in the Negotiation newsletter, October 2007.
Your designated meeting place can have a critical impact on talks. When you don’t have a choice about where to meet, be aware that situational factors may color your judgment. For instance, the visual cues of a car lot—flashy banners, cheerful
Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004.
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial.
Scott
As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings.
In the first article, Stephen Goldberg, Margaret Shaw,
An approach to negotiation first articulated in the book Getting to YES written by Roger Fisher and William Ury. The problem-solving approach argues that (1) negotiators should work together as colleagues to determine whether an agreement is possible that is better for both of them than no agreement, (2) in doing so they should postpone
See “problem-solving approach”.
An approach used to find creative ways to satisfy as many shared and differing interests as possible. The approach is characterized by exploring options without commitments (or threats), using interests and standards of legitimacy to explore ways to create and distribute value, and the parties’ avoiding becoming a voice of authority. Also see “problem-solving approach.”
Negotiating with your children may seem counterintuitive but parents can build stronger relationships with them by implementing a problem-solving approach when trying to resolve family conflicts.
In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a founder of the Harvard Negotiation Project at Harvard Law School, outlines a
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