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Negotiation and mediation
Law school reflection
Negotiation and mediation
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Introduction This reflective journal will be divided into three parts. Firstly, I will address my expectation from this Alternative Dispute Resolution (ADR) course and later assess how largely the course itself has fulfilled mine. Secondly, by evaluating my negotiation and mediation experiences in class simulations together with prior experiences, I would also reflect upon my personal strengths and weaknesses in terms of techniques and strategy used in those simulation exercises. Thirdly, I will critically discuss several issues that have caught my attention throughout the course and map out my future in the field of ADR. Expectation to the course My expectation Prior to this course, I had only little experience in negotiation in a legal …show more content…
The principled negotiation greatly assisted both parties to view their range of options objectively with the tools of BATNA, WATNA, etc. It could provide a regulated framework for both parties to work out their solution on a step-by-step basis, and it required the soft skills (i.e. flexibility and demeanor) in finding common grounds and accommodating the needs of both sides as the eventual outcome is …show more content…
In the following rounds of mediation simulations enabled me to interchange my positon from mediators to disputants and put myself in others’ shoes. This exercise demanded another set of skills, such as neutrality and impartiality, and the mediator had to be physically and mentally equipped for the enduring processes of opening, private caucus meetings, conclusion, and follow-ups. One must be extremely cautious as you must strictly abide by the rules of confidentiality and no conflict of interests, as you are also not expected to act as a legal advisor for both sides. My previous skills and experience did come into play when I was trying to achieve outcomes between parties and to balance their expectations. However, the procedural matters and legal awareness which is specific to mediation and negotiation are extremely new to me and they further exposed my weaknesses of not knowing the ideas of impartiality and confidentiality well. Still, I would rate my status of skills as fair as I managed to muddle through the whole process and achieved tangible and mutually beneficial outcomes for
Lewicki, J. R., Barry, B., & Saunders, M. D. (2010). Negotiation: Readings, exercises and cases
Lewicki, R. J., Saunders, D. M., & Barry, B. (2006). Negotiation Readings, Exercises, and Cases Fifth Ed. Bill Brubaker, Mark Asher, A Power Play for Howard Negotiation (pp. 616-626). New York, NY: Mcgraw-Hill Irwin.
Hames, D. (2011). Negotiation: Closing Deals, Settling Disputes, and Making Team Decisions. Sage Publications. Retrieved 08 25, 2013
Lewicki, J. R., Barry, B., & Saunders, M. D. (2011). Essentials of negotiation (5th ed.). New York, NY: McGraw Hill. ISBN-13: 9780073530369
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
The first common theme is the importance of clear strategic intent and big picture thinking in negotiations. Before taking the Negotiation Behaviour unit, I always perceived negotiation as a fixed-pie, a zero-sum gain situation, where one party wins and the other party loses. This belief has often led me to a competitive behaviour in negotiation by trading the big picture thinking with the need to win, getting too detailed too quickly, leading to a positional approach instead of having a broad goal and explore for ways around problems to create value and get the best outcome.
In conclusion, the theory of principled negotiation is very impressive, although it at times seems to be simplistic and meant for an ideal world. Nevertheless, it allows all sides of the conflict to be examined through the broadening of options. It allows disputants to maintain any relationship that they had before the conflict and negotiation. Overall, principled negotiation is meant to lead to satisfactory results for both sides, creating a win-win situation for all.
Journal of Dispute Resolution, 401-427.
I included this paper because I enjoyed the discussion about the qualities of a good negotiator. Good negotiators are usually people who are respectful others, can develop a strategic negotiation plan, and understand you have to think about certain things, like the “big picture” of a situation in order to generate creative options (Dietmeyer, 2008). One of the reasons why I included this written work in my Artifact, was for the second part of the assignment, we were required to describe a conflict scenario. For that conflict scenario, we were to evaluate reasons as to why utilizing negotiation would be wrong for that situation. Next, we were allowed to take the opposite approach, and list reasons as to why we should use negotiation techniques for the conflict scenario. I always enjoy getting to do assignments that look at both ends of the spectrum: “why should we do something and why should we not do something.” If you have ever been in therapy, it sort of like doing the “empty chair exercise” that some therapists ask you to do when a client is experiencing conflict. And essentially, the whole point of the exercise is for the individual to be able to experience different aspects of a conflict in a new manner through the “empty-chair”
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Negotiation has been used as a vital communication tool not only in business but also in social intercourse. It helps people make common agreement and avoid conflict. So we need to use the tactics which we learned from this course and books to do more practice, only in this way we can gain advantages in negotiation.
Mediation is an extension of the negotiation process and shares some similarity with conciliation process.
The mediator is quite similar with broker whereby to be as a liaison officer. Different from the role of advocate, mediator will be the liaison officer that will make some groups of people voluntarily to participate the agreement to achieve the well-being. According to Dwiyantari (2013), the mediator is whereby the social worker will be as a contact represents looking for acceptable understanding and to intercede the parts of contentions incorporate talk about any issues with the trade off and convincing way. The role of a social worker as a mediator act like the third party that promotes well-being due to the disputes that occur caused by an issue or conflict. According to Stein (2004), the social worker that is impartial, the third party will be easier to find a resolution of quarrel by promoting agreement for clients. In this case, a social worker is non-judgemental because they will bring the conflict to “win-win situation”. For examples, a social worker will locate similar qualities from the persons that required to the contention and dodge the "win-lose circumstance", social worker likewise helps the persons that required in the contention to concede the authenticity of each other, and help them to recognize their basic intrigue (Waluya, 2007). Similar to the role of advocate, mediator roles help the service users or clients non-judgemental and fight for service users and clients