Difference Between Distributive And Mediation

Gina Blair and Daniel Trent cooperate and collaborate to achieve a common objective throughout their negotiation. A cooperative negotiation style is demonstrated as they combine their points of view regarding their clients concerns with outcomes to effectively solve the issues raised. The main focus of the negotiation is to reach an agreement rather than a continuous dispute. Accordingly, the conflicting objectives were resolved by compromises and solutions but forward by both Gina and Daniel. The negotiation style used between Gina and Daniel is described as principled negotiation where both parties jointly attack the problems arising to achieve a compromise.

“Instead of approaching the problem in a competitive as distributive bargaining (claiming value only for one), the integrative negotiation the parties adopt an attitude aimed at solving the problem and seek a favorable outcome for both” (Business Blog Review, 2011).

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

“Successful negotiation is not about getting to ‘yes’; it’s about mastering ‘no’ and understanding the path to an agreement is” (Christopher Voss). During the negotiation process, there are a lot of moving parts and personalities. In addition, hurt feelings can all too often get in the way. The bottom line of any negotiation is to reach a settlement that will mutually benefit both parties. It’s a challenging situation by which compromise or agreement is reached while attempting to avoid arguments and disputes.

The negotiators in these situations should mainly on the integrative bargaining. It means that negotiator should arrange a face to face meeting for both the parties by motivating them to practice integrative barging so that they can use the conflict strategy management to innovate positive solutions rather than dysfunctional conflicts. The negotiator should focus mainly on problem solving, compromising, smoothing and finding solutions. Motivating both the parties for a face-to-face meet is done so that, they can identify the problem and resolve it by an open discussion. Each team should give up something so that they can come to an agreement. The negotiator should use smoothing technique by reducing the conflicts while stressing common interests between both the teams. By compromising and smoothing both the parties should know about their common interests and goals and should create a shared goal. Once the negotiator make them realize that they need each other for achieving their goals, integrative positions solutions will be obtained instead of dysfunctional

Analyze the article and critique the distributive negotiations style used by Matt Harrington. Discuss your opinion of his strategy and the outcome of his negotiations.

Consequently, negotiation is a process that can be approached in many ways. No matter what strategy we choose, success lies in how well we prepared. The key to negotiating a beneficial outcome is the negotiators’ ability to consider all the elements of the situation carefully and to identify and think through the options. At the same time, negotiators must be able to keep events in perspective and be as fair and honest as circumstance allows. Because a common ground or interest has brought the parties to the negotiating table, a negotiator can benefit by trying to capitalize on this common

I never imagined myself as a mediator, but prior to beginning this class I learned from previous students that it included role plays in which we mediated disputes between our classmates. I incorrectly assumed we would be thrust in a simple situation like helping mutual friends work out some simple disagreement. I did not realize we would practice our conflict management skills in so formal and serious a setting. I found the prospect somewhat daunting, but as the semester progressed I became increasingly comfortable with mediation. I performed well in certain aspects of the mediations and struggled, but improved in, others, culminating in my best mediation yet. In short, I improved my mediating abilities throughout the semester, progressing from an average mediator who performs adequately to an excellent one who effectively uses key mediation tactics, at least in role plays.

It occurs in profit or non profit organizations, government sectors, dealing among nations and also in our personal situations such as salary package, house purchase, marriage, divorce and etc. The strategy to use can either be distributive or integrative depending on the situations and the outcomes that the party want out from the negotiation.

Getting to YES, Negotiating Agreement Without Giving In is an excellent book that discusses the best methods of negotiation. The book is divided into three sections that include defining the problem, the method to solve it, and possible scenarios that may arise when using these methods. Each section is broken down into a series of chapters that is simple to navigate and outlines each of the ideas in a way that is easy for any reader to comprehend. There are also several real life explanations for each issue that make the concepts easier to apply and understand. These ideas are reflective of a method developed by the Harvard Negotiation Project called “principled negotiation”. This method combines the two ideas of soft and hard negotiation

Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of

A ruthless, aggressive and cold blooded negotiation style is the framework approach most people have when it comes to negotiation,[6] a theoretical example of that is Adversarial Approach Style Negotiation.[6] But in reality, as mentioned by experts and researchers such as Fisher and Ury [3] it doesn’t have to be that way. As the world moves to more sophisticated platforms of communication, negotiation follows the trend and Problem-Solving Approach(citation) is in a way, the “antidote" of Adversarial Approach Style Negotiation. Getting to YES[3] suggest an Interest-Based Model for the use of Problem-Solving Approach. Interest-Based Model focus on separating the person (positional) from the problems (resolution) and then concentrate on the resolution. This way allowing for both parties in a distributive way to get the results they both want.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their

1) Was this a Distributive or Integrative negotiation?- was it the optimum approach and why or why not.