Role of Negotiation & Mediation - Essay Example

 Role of Negotiation & Mediation Role of neutral in third party assistance: Neutral has a very important role to play in solving a conflict and restores the damaged relationships between disputing parties by listen their views and bringing them together and clarifying misperceptions. The role of neutral varies according to the different ADR (alternative dispute resolution) methods. In arbitration, a formal hearing is set up before a neutral, called an arbitrator. An arbitrator has a very good knowledge of the subject. They are more of private judges who make decisions based on the hearing. In another method the neutral called a convener has to solve the conflict by bringing the parties to a stage where they can come up with a solution. The neutral also plays a role of a mediator who is more likely to be involved with essential issues and shows a path of negotiations which leads to agreement between the two patties. Neutrals as a special master’s age legally appointed by a court by strictly following the judicial rules. Masters help the parties to sum up the issues and sometimes they also come up with a solutions or settlement. In many cases conflicts in the workplace or be it a family matter are facts of life. We all have gone through the situation where different people come up with different ideas and goals and needs to have come into conflict. The point is that it is not at all a bad thing that a conflict has raised in a group as long as it is resolved effectively. The outcome of a conflict whether it is positive or negative is mainly dependent on he effective and early resolution of the issue. The good news is that by resolving the conflict properly you can solve many problems that it has brought to the surface, as well as getting benefits that was not expected at first thought. Conflicts lead to dispute and need for resolution: After going through the whole scenario, there are too many evidences which may favors Morty but then too there is some clause which goes in favor of his father in law. Before coming to a conclusion it is very necessary and would be appropriate to go through different aspects of the issue. Then only it would be possible to apply one of the ADR methods. There are too many ADR methods which are applicable here but before applying those methods in this issue, we have to understand properly the different ADR methods. The recommended methods are negotiations and mediations. Negotiation is a commonly used method and helps a lot in solving a dispute. Negotiation is a process of bargaining that precedes an agreement. A successful negotiation always results in a contract between parties. If we talk about negotiation in the language of law then it is a way of solving a dispute where the parties themselves of one of the reprehensive from each party tries to solve the issue within them without seeing the help of court. An impartial third party person is not at all entertained here in this way of solving the dispute. It is a very complex method her too many methods comes in to play including perception, sentiments, provocation and interpersonal skills and most importantly the circumstances which are prevailing. There are too many models proposed for understanding the concept of negotiation. There are too many strategies negotiators basically use yielding strategy which is obliging, inaction i.e. avoiding; another one is a problem solving strategy and many more. We can compare this method to arbitration which is again alone of the ADR methods. Negotiation & Mediation: Another method of settle ling a dispute is mediation. It is a negotiation to resolve differences that is conducted by some impartial party. it is the act of interference in order to reach to the settlement stage .the main difference between the negotiation and mediation is the interference of third party. In negotiation is not allowed but here the disputing parties accept the offer of the third party to recommend a solution for their controversy. Mediation differs from arbitration in being a diplomatic rather than a judicial procedure. Here in third method it is not at all necessary to accept the mediator’s recommendation. Use of this method has become increasingly become frequent both in internal and external cases. Mediation has been successful in many cases of international conflicts. Mediation technique is very helpful in improving the way of conversation between the two parties aiming to help them to reach agreement on the disputed matter. For example when there is a dispute between management and workers. A third party intervenes the dispute and contracts and mediates between the union and the corporation. Third party intervenes mainly when workers goes on strike, they are hired by corporation in order to reach settlement or agreement between the union and the corporation. We can use this method in various types of disputes such as commercial, legal, diplomatic, workplace, divorce or other family matters. However mediation does not always results in a settlement. Mediation is a very appropriate method in solving employment disputes to help rapping the issue mediator does not make any judgment about right and wrong but keeps his control over the result of the dispute To have a good understanding of both negotiation and mediation it is necessary to take some examples. Let us take few examples of negotiations 1-a costumer and a salesman negotiating for the price of car 2-a wife is negotiating with her husband over use of finance 3-a president is negotiating with another country’s leader over the security issues With the help of these examples we can have better understanding of negotiation Now we take few examples of mediation A buyer purchases a used car from a seller. Soon after he faces some problem in his car, the costumer demands his money back. The salesman blames the costumer for the condition of the car. Instead of dealing with the matter in court, which can be both costly and time-consuming for both parties, they instead agree to hire a mediator and work out their situation out of court. A couple decide to get a divorce, but argue over who gets what. They instead of seeking help from the court. The mediator u decides to hire a mediator to work out their agreement. He mediator uncovers what the needs and interests are for both the husband and wife as well as separating the emotions from the problems at hand. Two nations, on the verge of war after failed negotiations, agree to have final peace talk. Both the sides are not ready to trust each other, so they ask other nation who is a neutral one to interfere in the issue as a mediator. Through the mediator, both stake-holding countries are able to work out an agreement and avoid war The use of ADR Method & the Advantage of This Method: Now let us take case of Morty, in the case of Morty there are many clause that favors him, but than too his father-in-law has an upper in hand. The conditions that favor Morty are 1. Morty had told earlier to his father-in-law that he has never driven such a large vehicle. 2. As he was already late for his dinner he denied driving the combine. This shows that he had done the overtime that day. 3. As his wife is pregnant he can get the sympathy for that. 4. As the neighbor is very understanding we can have a negotiation talk with him to reduce his claim. The conditions that favor Morty father-in-law are 1. Because they were family member they didn’t signed a contract which goes in favor of him. 2. The insurance company is suing Morty for the damage After going through all the details it is clearly visible that both are having their positives and both are having their negative points. If the resolution of this conflict is needed then they have to use both mediation and negotiation method of solving this dispute. In this case Morty has to try and negotiate with his neighbor. This method will be appropriate in this situation. If he somehow succeeded in negotiating with his neighbor then it may be possible that he reduces the fine that he has imposed on Morty. Morty should also use the mediation method to solve his matter with the insurance company. In this matter he cannot handle the matter alone so he should hire a third party. Third party can be anyone who is impartial. Morty can also negotiate with his father in law to convince him to share the fine that his neighbor has imposed on him. He cannot blame his in law to give the whole fine. It’s worthless for Morty to talk to his father in law regarding this issue rather he should try settling the issue Morty and reach a solution. And if we talk about the issue between the Morty and insurance company the third party should recommend a solution to them which could work because it is clear that the company is not going to leave Morty because it is not a family matter and the technique of negotiation is not at all favorable in this case. To ensure a healthy conversation between the insurance company and Morty it is very necessary for the third party to rake the conversation into right direction. it is the case is very sensitive because Morty had not signed a contract with his relative and he is legally not a helper of his uncle. So third party should find a path which is acceptable to all. Negotiation in the issue with his neighbor Morty can easily deal with his neighbor because it has been cleared before that the neighbor is a very kind hearted person and it is possible that Morty may convince him easily but he may have to face some problem regarding the issue with the insurance company. Finally on the concluded part it can be stated that Motry has to use both mediation and negotiation technique if he successfully wants to come out of this mess. Everything depends on the third party, how he tackles the issue. References: 1. Alternative Dispute Resolution (ADR). “World Legal Directories”. 30 March 2009. 2. ADR Mediation Group. LLC. 2009. 31 March 2009. 3. Papayannopoulos, Nick C. 2001. ‘ALTERNATIVE DISPUTE RESOLUTION / MEDIATION’. From “A new dispute-solving mechanism, introduced by Law in the Greek civil law system”. 31 March 2009. 4. Forms of Alternative Dispute Resolution. “Mediation Solution: A better way of solving Leagal, Business and Personal Issue”. 30 March 2009. 5. Loo Triston. 2006 “What's the Difference Between a Negotiation, Arbitration, and Mediation?”. 31 March 2009. 6. Taichert, Robert D. (2006). Mediation Is the Best Means of Dispute Resolution. 31 March 2009. 7. Melamed, James. Frequently Asked Questions about Mediation and Negotiation. 31 March 2009. 8. Mediation and negotiation. Brefi Group. 31 March 2009. 9. Maiese, Michelle. (2003). Negotiation. Knowledge Base Essay. 31 March 2009. 10. Melamed, James. What is Mediation?. University of Missouri School of Law. 31 March 2009. < http://www.mediate.com/articles/what.cfm > Read More