Beyond Winning: Unlocking Entrenched Conflict Using Principles and Practices of Negotiation in the Mediation Room

Abstract

This article looks at the uses and application of the tools and tactics of negotiation in the mediation room. It explores how the art and practice of negotiation might be of practical use to skilled mediators as they assist parties to devise a solution they have worked for by effectively negotiating their way skilfully through the issues. Mediation is a profession, and understanding the dynamics of the dance of negotiation and how it affects the mindsets and actions of parties in a conflict can help mediators get behind the initial positions of parties, through effective dialogue to explore interests and to have the parties meet their needs without sacrificing the needs or goals of the other party. “Words and Concessions are the lubrication of negotiations” Prof. Robert Mnookin Head of the Program on Negotiation Harvard Law School.