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AgendaAgenda

Amanda ProjectAmanda Project Read your role (15 minutes)Read your role (15 minutes) Three parties meet (20 minutes)Three parties meet (20 minutes)

SlidesSlides Prosando videoProsando video Group TimeGroup Time

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Adding Third Parties to theAdding Third Parties to theTwo-Party Negotiation ProcessTwo-Party Negotiation Process Negotiations are often tense and difficult, and Negotiations are often tense and difficult, and

can lead to frustration and angercan lead to frustration and anger Negotiation over critical issues may reach an Negotiation over critical issues may reach an

impasseimpasse Third-party intervention may be the only way Third-party intervention may be the only way

to get negotiations back on trackto get negotiations back on track

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Benefits and Liabilities of Benefits and Liabilities of Third-Party InterventionThird-Party Intervention

Benefits - Can be valuable in:Benefits - Can be valuable in: Creating breathing space or a cooling-Creating breathing space or a cooling-

off periodoff period Reestablishing or enhancing Reestablishing or enhancing

communicationscommunications Refocusing on the substantive issuesRefocusing on the substantive issues Remedying or repairing strained Remedying or repairing strained

relationshipsrelationships Increasing satisfaction with the conflict Increasing satisfaction with the conflict

resolution process and its outcomesresolution process and its outcomes

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Benefits and Liabilities ofBenefits and Liabilities ofThird-Party InterventionThird-Party Intervention

Limitations and liabilitiesLimitations and liabilities The involvement of third parties may be viewed as The involvement of third parties may be viewed as

a failure of the negotiation process between partiesa failure of the negotiation process between parties Intervention by a third party may signal that the Intervention by a third party may signal that the

parties have failed to build relationships or can’t parties have failed to build relationships or can’t manage their own interdependenciesmanage their own interdependencies

Each type of third-party intervention has its Each type of third-party intervention has its own particular advantages and disadvantages own particular advantages and disadvantages depending on the contextdepending on the context

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Types of Third-Party Types of Third-Party InterventionIntervention

Third-party intervention may be Third-party intervention may be formal or informalformal or informal

Formal interventions are designed Formal interventions are designed intentionally, in advance and they follow a intentionally, in advance and they follow a set of rules or standardsset of rules or standards

Informal interventions are incidental to Informal interventions are incidental to the negotiationthe negotiation

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Formal Intervention MethodsFormal Intervention Methods

There are two fundamental types of There are two fundamental types of formal third-party interventions:formal third-party interventions:

ArbitrationArbitration MediationMediation

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ArbitrationArbitration

Arbitration resolves a disagreement by Arbitration resolves a disagreement by having a neutral third party impose a having a neutral third party impose a decisiondecision

There are two common forms of There are two common forms of arbitrationarbitration Binding arbitration—partiesBinding arbitration—parties are required to are required to

comply with the decisioncomply with the decision Grievance arbitration—refers to decisions Grievance arbitration—refers to decisions

about the interpretation of existing contractsabout the interpretation of existing contracts

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ArbitrationArbitration

Arbitration may have negative Arbitration may have negative effects:effects: The narcotic effectThe narcotic effect

When arbitration is anticipated, negotiators may When arbitration is anticipated, negotiators may also lose interest in the process of negotiating also lose interest in the process of negotiating (will just wait for arbitration to begin)(will just wait for arbitration to begin)

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ArbitrationArbitration

Arbitration may have negative Arbitration may have negative effects (cont.):effects (cont.): The biasing effectThe biasing effect

Arbitrators must be careful not to systematically Arbitrators must be careful not to systematically favor one side and they must maintain an image favor one side and they must maintain an image of fairness and impartialityof fairness and impartiality

The decision-acceptance effectThe decision-acceptance effect Arbitrated disputes may engender less Arbitrated disputes may engender less

commitment to the settlement than alternative commitment to the settlement than alternative forms of dispute resolution (e.g., mediation)forms of dispute resolution (e.g., mediation)

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MediationMediation

Mediation seeks to have the parties themselves Mediation seeks to have the parties themselves develop and endorse the agreementdevelop and endorse the agreement

It has been called a form of “assisted It has been called a form of “assisted negotiation”negotiation”

It can help reduce or remove barriers to It can help reduce or remove barriers to settlements, adding value to the negotiation settlements, adding value to the negotiation processprocess Some similarity in this regard to the post-Some similarity in this regard to the post-

settlement settlement processsettlement settlement process

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MediationMediation

When to use mediationWhen to use mediation The parties need to be open to receiving help—a The parties need to be open to receiving help—a

phenomenon known as phenomenon known as ripenessripeness The parties participate voluntarily—they are not The parties participate voluntarily—they are not

forced to enter into the processforced to enter into the process The mediator must be The mediator must be acceptable to all the acceptable to all the

partiesparties to the dispute to the dispute

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Mediator Models, Mediator Models, Choices and BehaviorsChoices and Behaviors

Stages in the mediation process can be roughly Stages in the mediation process can be roughly grouped into four categories:grouped into four categories: Premediation preparationPremediation preparation

Mediator gets to know the parties, explains processMediator gets to know the parties, explains process Beginning stages of the mediationBeginning stages of the mediation

Mediator manages the exchanges of proposalsMediator manages the exchanges of proposals Middle stages of the mediationMiddle stages of the mediation

Mediator becomes more active to find an agreement Mediator becomes more active to find an agreement acceptable for both partiesacceptable for both parties

Ending stages of the mediationEnding stages of the mediation Mediator brings parties together to endorse agreementMediator brings parties together to endorse agreement

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MediationMediation

DisadvantagesDisadvantages Lack of impetus or initiative to adhere Lack of impetus or initiative to adhere

to any particular settlement or to settle to any particular settlement or to settle at allat all

Possible perpetuation of the dispute, Possible perpetuation of the dispute, perhaps indefinitelyperhaps indefinitely

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Informal (e.g., Amanda) Informal (e.g., Amanda) Intervention StylesIntervention Styles

Inquisitorial interventionInquisitorial intervention Exerts high control over the process Exerts high control over the process

and the decisionand the decision Asks questions, controls who speaks, Asks questions, controls who speaks,

invents solutioninvents solution Adversarial intervention (U.S. Adversarial intervention (U.S.

Courts: Judge)Courts: Judge) Exerts high control over decision but Exerts high control over decision but

not the processnot the process Passively listens then makes decisionPassively listens then makes decision