MEDIATION AND NEGOTIATION

Mediation and Negotiation



Mediation and Negotiation

Introduction

For many years, the study of mediation has suffered from conceptual imprecision and a startling lack of information. Practitioners of mediation, formal or informal, in the domestic or international arena, were keen to sustain its image as a mysterious practice, akin to some art form, taking place behind closed doors; scholars of mediation, on the other hand, did not think their field of the study was susceptible to a systematic analysis. In short, neither group believed that it could discern any pattern of behavior in mediation's various forms, or that any generalizations could be made about the practice in general. Negotiations are a pervasive activity in human relations, including family and social life as well as legal, business, political, military, and diplomatic affairs. Scholars from all of these fields and others, including psychology and communication, have developed unique approaches to analyzing and teaching negotiation. The systematic study of negotiation has expanded and flourished across several disciplines, most notably since the early 1970s. Some reasons for the increased interdisciplinary interest in negotiation include overburdened courts, interdependence, competition, the information age, and globalization (Zartman, 2001, pp 34-67)

Negotiation Exercise

Role play 1

What Skills did you use in this exercise?

This exercise has utilized multiple skills such as persuading skills, influencing skills negotiations skills and in the base of all I used communication skills. Before commencing the exercise, it was vital to firstly identify the main issue raise in the scenario.

Putting theory to illustration, representing Terry's Agent, Paul Oldman, was useful in developing the lines of reasoned arguments that Terry was capable to fulfill the criteria of an actor for the production of “Romeo and Juliet” in the absence of the other actors since he is an accomplished actor, and this was his domain despite his age and look. Then I backed up my points using the fact that Terry was an experienced actor. Moreover, it was vital to ensure that my points were made in the calm positive tone, but assertive manner.

In negotiating Terry's performance remuneration, the representative demonstrated negotiation and communication skills in listening to the needs, also the possible proposals of the other party, Marvin Crag, the producer; as well as presenting out our positions and needs. This was important in balancing the negotiation to provide the sense of equality. Finally, we reached an agreement that Terry would be advanced a sum of £12,000 then the rest would be based on his performance and the sales therefore, “pay as you perform” was the expression, in addition with the possible amount, of up to £19,000 was acceptable by both Parties.

What were your learning points?

As negotiating is an inter-personal process every negotiating situation is different. In this role play exercise, the learning point were that there is no need to be confrontational when negotiating, but approaching and managing negotiation with confidence upsurges the chance that the outcome will be positive for both parties. The other learning point was that effective negotiation is typified by parties working ...