Utilizing Mediation and Negotiation - Report Example

BEST PRACTICE CRITIQUE ESSAY Utilizing Mediation and Negotiation 1. Introduction Interpersonal communication is an important part of our daily lives because people need to effectively communicate with one another. More importantly, effective communication reflects our personal characteristics, social roles, and relationships with other individuals (Hartley 1999, p.20). There are a number of ways in which interpersonal communication can help achieve better outcome such as communicating with people of different cultural background, conducting meetings, presenting a business proposal, mediating and negotiating an issue. In mediation and negotiation, better understanding of interpersonal communication technique ensures more positive results because as a person and a human being, our ways of communicating are frequently influenced by unconstructive factors such as emotions, gestures, and other events. For instance, while mediating and negotiating a particular issue, the success of both processes may be affected by improper use of words, tone of voice, gestures, eye contact, and inappropriate facial expressions (Aguilar & Gallucio 2007, p.47). A good example of inappropriate behaviour when communicating with another person is avoiding eye contact because such behaviour is often interpreted as a sign of insincerity in most culture (Hargie et al. 1994, p.215). Knowing the right technique therefore can help us gain some advantage while increasing the probability of getting an encouraging outcome eventually. The following section discusses my personal experiences using interpersonal communication skills to effectively mediate and negotiate a fair settlement for two arguing members of our group. 2. Utilizing Mediation and Negotiation As a member of a group in charge of activity planning, I have experienced some situations where I need to put myself at the centre of two or more arguing members. In these occasions, I often find myself constantly attempting to negotiate a reasonable and acceptable settlement for all. For instance, about three months ago, while discussing a certain strategic approach, two of my fellow members started to disagree on some points that soon developed into a heated argument. At first, the rest of the group tried to ignore the situation but they realized that fact that the group cannot move on and finalize the strategy while these two members are irritatingly in conflict. Voluntarily, I put myself between these arguing parties and tried to mediate in the best way possible utilizing some of the interpersonal skills I learned before. First, although both parties seem frustrating and out of control, I tried to be mature, calm, and neutral while listening to each side. This is because I always remember that interpersonal skills necessary to mediation include being open, impartial, ability to effectively communicate and listen (Council of Europe 2000, p.31). Both arguing members detailed their sides while I was carefully listening and proving for information while trying to understand their points of view. The openness of both parties in expressing their views is an indication of voluntariness which is an essential ingredient of mediation (Cooley 2006, p.3), thus I took advantage of it and continue active listening. Moreover, my neutrality, sensitivity, and rational thinking help the parties move into the direction of reconciliation rather than further disagreement and contention (Cooley 2006, p.3). I used a facilitative mediation technique because I wanted to encourage parties to freely express their emotions and clarify their positions and options that are acceptable to both of them (Liebman 2000, p.114). In this manner, I easily identified which options are potentially negotiable and adoptable by both arguing members. Since the purpose of mediating is to effectively manage the dispute, I attempted to transform the conflict into a compromise by using my interpersonal skill in negotiation. At this point, negotiation was serving as a unique type of communication where both parties can join a reasoned discussion that could result into a shared understanding of the issue that can be agreed upon by both members at a soonest time (Spangle & Isenhart 2003, p.3). Remaining neutral, using appropriate tones in my statements, and with clear view of the issues involved during the mediation, I managed to persuade both members to weight the benefits of their proposed actions and move towards a win-win solution. Finally, both members agreed to give both proposals a try and if one fails, the other would be accepted as the official activity. 3. Evaluating and Improving mediation and negotiation skills The use of mediation and negotiation skills in this type of conflict proves effective considering that tensions were reduced and both parties eventually reached an agreement. Using interpersonal skills like active and reflective listening while mediating and negotiating seems to work fine as both parties immediately developed trust and willingly express themselves in detail. According to Greene & Burleson (2003, p.823), effective conflict management is giving more value on interpersonal skills such as effective listening and providing encouraging statements because they can build trust. Moreover, the tone in interpersonal communication is very important (Ellis 2003, p.58) because using appropriate tone or avoiding parental or authoritative tone while expressing some thoughts can lead to more trust. Careful listening and asking the right questions enables deeper understanding of the issues and identification of the real concern behind the argument (Ellis 2003, p.59). The trust that have been given by the two arguing members, active listening, and appropriate tone of voice on my part help conflict settlement prosper and gain momentum to a negotiated solution. In general, as evidenced by the outcome of the mediation and negotiation, the interpersonal skills used were effective. However, this evaluation is based on the voluntary cooperation and willingness of both parties to settle the dispute and it may not be applicable in certain cases where opposite and difficult behaviour is involved. For instance, what will happen when one party does not trust enough regardless of neutrality because he has a deeper agenda than he had expressed? -active listening and appropriate tone of voice will probably yield no positive effect. In reality, people argue because they have different values and idea thus the success of mediation and negotiation in an informal dispute resolution largely depends on reasonableness of the solution and consensus (Garth & Sarat 1998, p.25). An informal dispute resolution therefore may restrain extreme positions of one or both parties involved due to the logic of reasonableness and harmony. According to Irving & Benjamin (2002, p.84), some people may be unwilling to discuss a particular issue, challenge the authority of the mediator, firm, and at times aggressive. When this scenario occurs, any attempt to negotiate using only such interpersonal skills will probably fail as the real motivations of a party in dispute are not made known and even insist on their grounds indefinitely regardless of trust, neutrality, active listening, and well-toned mediating statements. At this point, it may be best to include listening to nonverbal responses such as pitch, rate, timbre and subtle variations of the tone of voice of each party (Hargie et al. 1994, p. 215). This is because nonverbal responses are good indicators of willingness, interest, enthusiasm, sympathy, and active listening. For instance, smiles can indicate the willingness to listen while direct eye contact with the speaker is a sign of interest or enthusiasm on the subject being discussed by the speaker. In some situations, the facial expression of a party in dispute may convey emotions such as sympathy and compassion (Hargie et al. 1994, p.215). Active listening skills are undoubtedly very essential in mediation and negotiation but it should be extend not only to verbal responses but nonverbal behaviours. This is because although verbal responses generally indicate listening, the absence of nonverbal behaviour may hide some important facts about the real motive of that person. For instance, if nonverbal behaviour is not displayed, that person may actually not paying attention and his verbal responses are just mere reaction to the question without much thought and feelings (Hargie & Dickinson 2004, p.192). Successful interpersonal communication requires a collection of skills (Harris & Nelson 2007, p.281) thus additional skill such as the ability to listen and correctly interpret nonverbal responses is essential. People tend to response and convey their feelings through nonverbal communication and particularly in face-to-face interaction, head nodding and eye contact are often indicators of interest or boredom. Similarly, in some instances, people’s postures and facial expressions may indicate comfort or irritation (Wood 2009, p.126). According to Sunshine (1990, p.162), nonverbal responses carry more information than verbal responses thus very essential in effective interpersonal communication. For this reason, mediation and negotiation skills may be improved by including determination of nonverbal cues in active listening. For instance, there may be more information that can be acquired to facilitate a more rapid conflict resolution than previously achieved in my personal experience utilizing mediation and negotiation skills in group-member\s conflict. A better understanding of the issues and personal values may be achieved that can help further improve the level of fulfilment and quality of resolution for both members, 4. Best Practice Guidelines Based on personal experience in utilizing mediation and negotiation skills and theoretical support, best practice guidelines may be developed in a way that it will yield much better outcome. As experienced, successful mediation and negotiation can be achieved by utilizing some essential elements of interpersonal communication but what had occurred was conflict in its simplest form as both parties from the very beginning of the mediation showed signs of support such as voluntary detailing of the issues and readiness to trust. Group conflict in particular, as experienced must be resolved fairly rather than frustrating a losing party (Steinberg 2007, p.212). It is therefore necessary to ensure that mediation and negotiation are skilfully done, constructive, and lead to outcomes that are beneficial to the group. For instance, the settlement reached when two members of my group decided to test their ideas and give way to the most successful scheme benefit both parties because there will be no resentment since respect was given for one another’s views. However, in a more complicated situation, these essential elements of mediation and negotiation skills such as active listening and neutrality as applied may not be enough to successfully deliver the conflict into a negotiation level. In view of this strong possibility, it is therefore necessary to have some additional guidelines particularly in the area of active listening to ensure success of organizational conflict resolution. Understanding the principle that interpersonal communication is mainly about sustaining relationship and can be learned though practice of skills (Wood 2009, p.35), the following best practice guidelines intends to deliver the most appropriate and fair outcome. 4.1 Start with Confidence a. Earn their trust Start with confidence and adapt a way of communication that is suitable to the goals and situations. Immediately identify and respect differences in personal and cultural background. Communicate sympathetically, engage in dual perspective, and maintain ethical interpersonal communication at all times. Following these would encourage parties in conflict to give their trust, open-up, and express their true sentiments and motives that are causing the conflict. b. Communicate clearly and use appropriate tone of voice. Stay calm and maintain a low tone of voice even in frustrating situation. Communicate clearly and avoid reacting to ideas that is completely unacceptable in your own point of view. Stay focus on the issue and avoid commenting on one party’s idea. c. Maintain Neutrality ”Successful mediators are not only those who are skilled but also those who can maintain neutrality” (Van Servellen 1997, p.294). It is therefore necessary to isolate oneself from the parties in conflict and set aside personal views and feelings. However, this does not mean limiting participation during the discussion - be active but a neutral mediator at the same time. This can be done by effectively suppressing your emotions and observing every word you say. 4.2 Actively Listen for Verbal & Non-Verbal Responses a. Listen carefully The views of both parties are very important thus listening carefully help better understand the argument being presented of both sides. However, such listening must not be limited with verbal responses because non-verbal responses such as head and eye movement, gesture, hand signal, and so on can give other important information. b. Identify the root of the conflict It is important to get to the root of the conflict thus active listening should include analysing the real cause of conflict. For instance, one party might be opposing a certain point but his non-verbal responses do not seems so serious about it and suggesting that there are deeper motives. Asking the right question may unearth these hidden motives and move the mediation to another level where the real cause of the conflict is being discussed. Identifying the root of the conflict can greatly improve mediation because there is one specific problem to be solved rather than tackling multiple issues. 4.3 Ask the Right Questions a. Avoid further complications As mentioned earlier, asking the right questions can resolve issues much faster and for this reason it is very important to avoid further complications caused by unnecessary and irrelevant statements. It is better to be quite and probe both parties for information. According to Bryson (2006, p.192), effective negotiators “listen rather than talk” and “asking questions rather than answering them”. Learn from the parties in conflict and study the issue very well so that questions will be more timely and specific. b. Be specific and objective When the root of the conflict is already known, it is best to ask questions focus on that specific issue. The ability to clarify issues and being objective are two of the most important communication skills in mediation (Cinocca 2001, p.128) thus must be observed consistently throughout the encounter. 4.4 Suggest the Best Option Using the data gathered from the mediation procedure, analyse and work out the best option to restore imbalance among the parties. Bring up the issue as directly as possible and specify requirements so that both parties can start negotiating (Donohue & Kolt 1994, p.163). Identify which outcome is more desirable and suggest an option that can attain the outcome. These guidelines can be feasibly implemented in an organisation because it includes the most appropriate interpersonal skills required in mediation and negotiation. For instance, having strong confidence and maintaining neutrality can greatly improve party participation and encourage participants to openly discuss their views. Moreover, the emphasis given to non-verbal responses and its inclusion in active listening can greatly improve data gathering and quality of negotiation outcome in an organisation. More importantly, avoiding further complications can greatly reduce time spent on mediation and negotiation. 5. Conclusion Interpersonal communication skills can greatly improve conflict mediation and negotiation. This is because it can reduce the effects of unconstructive factors such as emotion, improper gestures and use of words, inappropriate facial expressions, and so on. Since interpersonal communication skills often encourage parties to explicitly express their true feelings and sentiment, data will be more accurate and the likelihood of positive negotiation outcome is greater. Understanding the right technique and being familiar with best practices can lead to a more encouraging and productive outcome. The developed guidelines are expected to improve existing best practices particularly in the area of mediation and negotiation at organizational level. 6. Reference List Aguilar F. & Galluccio M. 2007, Psychological processes in international negotiations: theoretical and practical perspectives, Springer, US Bryson J. 2006, Managing information services: a transformational approach, Ashgate Publishing, Ltd., UK Bob P. & Randal J. Negotiation Sourcebook-2nd Ed., Human Resource Development, US Cinocca T. 2001, Careers in the law: success without college, Barron's Educational Series, Hong Kong Cooley J. 2006, The mediator's handbook: advanced practice guide for civil litigation, National Institute for Trial Advocacy, US Council of Europe, 2000, Mediation in penal matters: recommendation no. R (99) 19 adopted by the Committee of Ministers of the Council of Europe on 15 September 1999, and explanatory memorandum, Volume 2, Council of Europe, UK Donohue W. & Kolt R. 1994, Managing interpersonal conflict, SAGE, US Ellis R. 2003, Communication skills: stepladders to success for the professional, Intellect Books, UK Garth B. & Sarat A. 1998, How does law matter?, Northwestern University Press, US Greene J. & Burleson B. 2003, Handbook of communication and social interaction skills, Routledge, US Hargie O., Saunders C., & Dickson D. 1994, Social skills in interpersonal communication, Routledge, UK Hargie O. & Dickson D. 2004, Skilled interpersonal communication: research, theory, and practice, Routledge, UK Harris T. & Nelson M. 2007, Applied organizational communication: theory and practice in a global environment, CRC Press, UK Hartley P. 1999, Interpersonal communication, Routledge, UK Irving H. & Benjamin M. 2002, Therapeutic family mediation: helping families resolve conflict, SAGE, US Liebman M. 2000, Mediation in context, Jessica Kingsley Publishers, US Spangle M. & Isenhart W. 2003, Negotiation: communication for diverse settings, SAGE, US Steinberg S. 2007, An Introduction to Communication Studies, Juta and Company Ltd, South Africa Sunshine R. 1990, Negotiating for international development: a practitioner's handbook, Martinus Nijhoff Publishers, Netherlands Van Servellen G., 1997, Communication skills for the health care professional: concepts and techniques, Jones & Bartlett Learning, US Wood J. 2009, Interpersonal Communication: Everyday Encounters, Cengage Learning, Canada Read More

Since the purpose of mediating is to effectively manage the dispute, I attempted to transform the conflict into a compromise by using my interpersonal skill in negotiation. At this point, negotiation was serving as a unique type of communication where both parties can join a reasoned discussion that could result into a shared understanding of the issue that can be agreed upon by both members at a soonest time (Spangle & Isenhart 2003, p.3). Remaining neutral, using appropriate tones in my statements, and with clear view of the issues involved during the mediation, I managed to persuade both members to weight the benefits of their proposed actions and move towards a win-win solution.

Finally, both members agreed to give both proposals a try and if one fails, the other would be accepted as the official activity. 3. Evaluating and Improving mediation and negotiation skills The use of mediation and negotiation skills in this type of conflict proves effective considering that tensions were reduced and both parties eventually reached an agreement. Using interpersonal skills like active and reflective listening while mediating and negotiating seems to work fine as both parties immediately developed trust and willingly express themselves in detail.

According to Greene & Burleson (2003, p.823), effective conflict management is giving more value on interpersonal skills such as effective listening and providing encouraging statements because they can build trust. Moreover, the tone in interpersonal communication is very important (Ellis 2003, p.58) because using appropriate tone or avoiding parental or authoritative tone while expressing some thoughts can lead to more trust. Careful listening and asking the right questions enables deeper understanding of the issues and identification of the real concern behind the argument (Ellis 2003, p.59). The trust that have been given by the two arguing members, active listening, and appropriate tone of voice on my part help conflict settlement prosper and gain momentum to a negotiated solution.

In general, as evidenced by the outcome of the mediation and negotiation, the interpersonal skills used were effective. However, this evaluation is based on the voluntary cooperation and willingness of both parties to settle the dispute and it may not be applicable in certain cases where opposite and difficult behaviour is involved. For instance, what will happen when one party does not trust enough regardless of neutrality because he has a deeper agenda than he had expressed? -active listening and appropriate tone of voice will probably yield no positive effect.

In reality, people argue because they have different values and idea thus the success of mediation and negotiation in an informal dispute resolution largely depends on reasonableness of the solution and consensus (Garth & Sarat 1998, p.25). An informal dispute resolution therefore may restrain extreme positions of one or both parties involved due to the logic of reasonableness and harmony. According to Irving & Benjamin (2002, p.84), some people may be unwilling to discuss a particular issue, challenge the authority of the mediator, firm, and at times aggressive.

When this scenario occurs, any attempt to negotiate using only such interpersonal skills will probably fail as the real motivations of a party in dispute are not made known and even insist on their grounds indefinitely regardless of trust, neutrality, active listening, and well-toned mediating statements. At this point, it may be best to include listening to nonverbal responses such as pitch, rate, timbre and subtle variations of the tone of voice of each party (Hargie et al. 1994, p. 215). This is because nonverbal responses are good indicators of willingness, interest, enthusiasm, sympathy, and active listening.

For instance, smiles can indicate the willingness to listen while direct eye contact with the speaker is a sign of interest or enthusiasm on the subject being discussed by the speaker.

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