Class 6

Session Eight and Nine

1. (Eight) Bargaining and Negotiation Training (Revisiting and expanding on concepts).
   • Patterns Pathologies and Paradigms
   • Paradigm conflicts
     1. Platonic and Aristotelean mind sets (simplified)
     2. Idealists (only black and white) and
     3. Nominalists (only shades of gray).
     4. For a discussion see: Dialog 1 -- Logic, Plato and Aristotle
   • Institutional Pathologies (and yes, I'm looking for a better metaphor).
   • Five patterns of conflict and resolution vis a vis negotiation.  See the handout:  Business vs. the Environment: Managing the Balance Negotiation Styles in Mediation
     1. Note that "truth" oriented negotiators prefer aggressives on their own side and cooperatives on the other side.
     2. Note that cooperatives who "give to get" and aggressives who "take everything they can" tend to end up with the aggressives taking everything (and irritating the cooperatives a great deal).
   • Postitional bargaining in this context.
     1. There are three major elements to positional bargaining:
        • Identifying the need for positional bargaining
        • Using positional bargaining to reduce risk over "whole image negotiaton/framing oriented negotiation" (and note that the method I teach does not create a chance of risk until very late in the process).
        • Retaining your values in spite of the method of bargaining/negotiation used.
     2. Positional Bargaining = taking and trading positions to seek specific positions rather than to meet needs.
     3. Begin by diagnosing the negotiation method being used.
        • insults.
        • lies.
        • misdirection (gotchas, rabbit trails).
        • win-lose situations.
        • threats.
     4. Then follow a proper pattern of action.
        • Gain information (this helps you sort lies from the truth) by listening.  Listen and let them blurt out.
        • Consider your options, especially your best alternative to a negotiated agreement (your BATNA).  Keep your options private.
        • Create a map of positions from where you are to your objective (remember the structure of cycles of negotiation).
        • Catlogue your assets (know the value of the chips you have in the game, both tangible and intangible).
        • Set up a measuring system to evaluate the currency and the reasonableness of the offers and counter-offers and to work into your map of what can be changed, and how.  (See page 290-291 of your textbook).
     5. Building your maps to the goal (defining the target).  You will have:
        • Your hidden target (your goal).
        • Your high range (your public target, where you start).
          1. You need to know what is the accepted approach -- know your culture (cf Page 293 of the text).
          2. You want the highest reasonable position.
        • Your low range (where you walk away).  The low range is especially important as it helps you remember to walk away.
     6. Building your maps to the exchanges (defining the positions you will trade).
        • The goals you will concede/trade
        • Positions you will move through (example:  the space station).
        • Diversions, if any (cf the text, page 303).
     7. Draw a map for the other side (complete the map).
        • This helps you evaluate what they can do, where they can go.
        • You may need to teach them a map.
     8. REMEMBER
        • You are educating them about what they must do to meet their needs (which is, of course, meet yours).
        • You can always walk away.
2. (Nine) Teaching mediation concepts and mediation skills and facilitation skills (24 hours of initial training)
   • Faciliative mediation (enhanced negotiation)
     1. This is the so-called shuttle method.
     2. Anyone can do it, without preparation.
     3. Open, let the parties explain their positions to you, break them into caucuses, shuttle.
     4. The model also teaches dependence on the mediator.
   • Transformative mediation (enhanced personal recognition)
     1. Empowerment and recognition.
     2. Teaching/allowing people to work through to their own solutions by being transformed in the way they see others and themselves.
     3. This model teaches people to solve their problems without dependence on mediators and reduces levels of organizational conflict.
   • Co-opting mediation (enhanced relationships).
     1. The face-to-face, no one leaves the room, disgorge hidden issues format.
     2. Works if there is a relationship and a commitment to preserve it.
     3. Can increase hostility.
   • Systemic mediation (everyone as a mediator -- risks and issues)
     1. The model for school yard mediation.
   • True facilitation (when a situation calls for more than just mediation).
     1. Beyond the scope of this class.
     2. Facilitation (see The Skilled Facilitator).
     3. Sample:  Personality Driven Disputes handout (from second set, with the index).
     4. Basic method is to break into groups that are different from the conflict party groups and then move the group members together towards various goals.  
3. Texts and handbooks for training purposes.
   • Health care mediation is not attorney-mediator court annexed mediation.
   • Closest analogy is community dispute mediation followed by religious conflict mediation.
   • Three books that offer different perspectives.  The handbook, the 40-hour class script, and the notebook. Each is very useful, each differs.  All are available from Amazon.com (always compare prices).
4.         
5. Mediation in practice.
   • The long script (an example is at page 320-331 of your text).
   • The parties meet and decide based on their own best interest.
   • Within the limits of reality (they can not expect to get everything they want, instead they will meet as much of their needs as is possible).
   • Mediator's role is to assist the parties.
   • Starts with the parties summarizing and venting.
   • Breaks into Caucuses.
   • In a confidential process.
   • CONSIDER:  do you want a long face-off or a quick move to caucuses (or even to start in caucus)?
6. The Process.
   • Acclimate/educate the parties (that is what the script is for).
   • Introduce the conflict (the opening session) to the parties.
   • Explore options (in seperate caucuses).
   • Shuttle between positions.
   • Closure and settlement.
7. The Structure of a Program.
   • Pre-mediation screening for appropriateness (with the caveat that miracles do happen).
   • Investigation (by both the mediator and the parties) and preparation.
   • Meeting.
   • Issue Clarification.
   • Option Building.
   • Option Assessment.
   • Movement.
   • Resolution & Implementation.
   • CONSIDER: should you have written agreements at the end or not.
8. The Role of a Mediator.
   • Asking Process Questions.
     1. What can the parties offer?
     2. What are the key misunderstandings?
     3. What are the parties interests?
     4. What are the lies and the exaggerations?
     5. Are the parties exchanging equal value?
   • Empathy.
     1. Acknowledge and assure (active listening).
     2. Empathic sympathy.
   • Neutrality.
   • Rule Setting/Management.
   • Inventive Input.
   • Persuasion and Enlightenment.
9. Arbitration.
   • How you get to arbitration.
     1. Usually there is a contract provision.
     2. Parties may decide on their own to agree to arbitration.
     3. A conflict occurs.
     4. Someone invokes the arbitration clause (or suggests, and agrees to, arbitration).
     5. The parties go to arbitration.
     6. The award can be enforced by just about any court.
   • Why you get to arbitration.
     1. Cheaper.
     2. Faster.
     3. Final.
     4. Private.
     5. More reliable outcomes.
10. Ombuds Programs (the reading assignment).
    • A major part of Northern European cultures, the movement has not endured well in the United States.
    • An ombuds (ombudsman in older texts) purpose is to prevent and resolve conflicts, including competency based disaffiliation, by filling gaps in communication, educating parties and generally troubleshooting conflicts before they develop.  It is an institutionally neutral position that works best in cultures that accept the concept of neutrals within a beaurocracy.
    • In America, people often have difficulty with the idea of an institutional neutral who is inside the organization, but neutral to all parties.
    • In health care, the ombuds is usually retired -- a physician or senior management or nursing professional.
    • Must be trained, understand that their duty includes investigation, counseling, fact-finding, and acting as an intermediary in negotiations and formal mediation.

Between Classes

1. Handouts (to review)
2. Reading Assignments
   • Pages 317 to 398 of Renegotiating
   • Pages 60 to 62 of Managing
3. Other Assignments

Class 7

Session Ten

1. Class Project Discussions, Discuss Final.
2. One:  Your Notebook.
3. Two:  Your Framing Exercise.
4. Three:  Fieldtrip to Hospital.
5. Four:  Case Study (extra credit opportunity).

Between Classes

1. Handouts (to review)
2. Reading Assignments
   • Pages of  399 to 411 of Renegotiating
   • Pages 14 to 34 of Managing
3. Other Assignments

Copyright 2000 by Stephen R. Marsh
http://adrr.com/smarsh/