Originally Published MX September/October 2003
GOVERNMENTAL & LEGAL AFFAIRS
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Certain mediation techniques can be used to avoid conflicts or to resolve them without recourse to any outside party. Willing parties who observe the following mediation principles during negotiations should be able to resolve their differences more effectively.
Get the Right People. For face-to-face negotiations to be effective, decision makers for both of the disputing parties must take part.
Establish Objective Criteria. Compliance with the ultimate agreement will be more likely if objective criteria are used in making decisions. Simply splitting things equally may not be the best solution.
Negotiate on Issues, Not Positions. Negotiations will advance if participants move away from holding stances and instead concentrate on examining underlying issues. Rather than stating "I will pay no more than five dollars for that product," the party might open a discussion by saying "I need to maintain enough profit margin to cover my expenses." Such a line of approach can produce many more viable solutions.
Expand the Pie. All too often disputes focus on money. Yet there are almost always other things of value that can be placed on the table for negotiation. These include stock shares, products, services, rights, options, technology, publicity, manufacturing arrangements, and orders.
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