Negotiations: Appendix 3&4

Common Third-Party Roles

Mediation
Arbitration
Traditional
"Final Offer

Mediation

Mediator helps but cannot impose settlement

Arbitration (2 types)

-Mediation-Arbitration: Mediation is held and if an agreement is not reached then arbitration is held.
-Arbitration-Mediation: Normal arbitration occurs but the arbiter's judgement is placed in a sealed envelope and not revealed, then a mediation takes pl

Traditional

Third party receives a proposal from each conflicting party and makes a final judgement (generally somewhere in the middle of the two proposals)

Final Offer

Like Traditional arbitration but the arbiter picks one of the two proposals and that becomes the final judgement. Because of this, the two conflicting parties generally submit more reasonable proposals

Debiasing Negotiators (3 methods)

-Exaggeration of Conflict Bias
-Hostile Media Bias
-Overconfidence Dias

Exaggeration of Conflict Bias

Viewing your actions as better than they are and viewing the opposing party's actions as worse than they are. Ex: watching a football game and only seeing the other team commit fouls.

Hostile Media Bias

Both sides of a conflict view the mediator as partial to the opponent.

Overconfidence Bias

Both sides of the conflict overestimate the extent to which the mediator will agree with their side of the argument. (somewhat contradicts the hostile media bias).

Strategies for Enhancing Effectiveness

-Accept your share of responsibility
-Test your own position: Ask a third party their opinion on the conflict w/o indicating which side of the conflict you are on.
-Role-play a third party in your own dispute
-Training in win-win negotiation: Try to expan

Negotiating an offer: Preparation Steps

Figure out what you really want
Do your homework
Determine your BATNA and aspiration point
Research the employer's BATNA
Determine the issue mix
Prepare for several scenarios
Consider getting a "coach

Negotiating an Offer: During the negotiation

-Position and present your opening offer with compelling rationale
-Assume the offer is negotiable
-Immediately re-anchor after the employer makes a counteroffer by restating your needs and rationale
-Reveal neither BATNA nor reservation point
-Imagine yo

Negotiating an Offer: Post Offer

-Do not immediately accept the offer
-Get the offer in writing
-Be enthusiastic and gracious
-Assess the employer's power to negotiate with you: you may need to bring in someone else to negotiate with
-State exactly what needs to be done for you to agree

Getting to Yes: Four principles

-Separate the people from the problem
-Focus on interests, not positions
-Invent options for mutual gain
-Insist on using objective criteria

Negotiation jujitsu

do not hold a position too strongly and if your opponent berates your proposal do not react. Instead, try to deflect negativity and de-escalate the situation.