Roles in Negotiations and Conflict Resolution

When undergoing mediations and negotiations mediators must have clear and concise strategies when approaching issues in and of conflictual nature. Before negotiations can begin being processed and suggestions can be presented and/or drafted, mediators must be well-informed, as well as, have experience of and in the matter(s) presented. And, they must also have contextual data pertaining to the participants in conflict, too. These principles are safety-nets and enable mediators to safely be guided throughout the process and travel carefully through the assignation they are commissioned to help resolve.

In doing this, they can direct mediation practices toward agreements, which participants, who are in conflict, can adhere, too. However, there are some pitfalls and problems associated with arbitrations, negotiations and mediations. These issues range from participants believing mediators are judges and jury, as well as, mediators being considered biased and unexperienced when decisions are drafted for agreement. More important, not all mediation and conflict resolution practices are the same everywhere, either. And, this can make arbitrations and negotiations even harder to perform if it involves multicultural aspects of agreement(s).

Since mediators are used to assist parties in conflict resolution, they must be skilled in active listening and cultural matters, too. And, they must streamline processes and guide participants in understanding the issues at hand in the conflictual question(s). This essay will explain the methods they use and ways in which they can help and/or hinder the meditative process and conclude with differences the process undergoes through cultural balances, as well And, in order to gain an understanding of how professional conflict negotiators channel this progression the literary review, presented, will explain how it is initiated from start to finish and why negotiators must be thorough and reliable in not solving conflict, but guiding the battlefields in which they are active referees.

Directing the Process but not the Outcome is Essential for Resolution

Though this may be a misunderstood process, it is essential for suitable outcomes and decisive results to not be rendered concluding, but agreeable. Moreover, to begin this process and according to Carbone  mediators must, “Get to the table., Pick the right time to mediate. Choose the right mediator. Have pre-mediation conferences.,  Set aside sufficient time., Prepare clients., Prepare a powerful position paper. Insist on full settlement authority. Maximize the benefits of the joint session. Set the tone with opening statements. Get into a zone of bargaining as soon as possible; and 12. Don’t take a bottom line approach”. These 12 core-phases, as well as, being properly prepared and experienced, help the mediator guide negotiations without becoming vessels responsible for participant outcome(s). And, they keep them from being viewed as biased and/or discriminative in their grounding, as well.

Segments Negotiators Adhere, too, to Direct the Mediation Process in the Right Direction

In looking at Page  “The aware mediator will be understanding of the negotiators' pressures. Aware mediators will respect the parties' tactics as necessary considering the mixed motives each negotiator experiences. The mediator will realize that negotiators, because of the mini-max principle, will continue to challenge each other even while being cooperative. In short, the aware mediator will avoid ignorantly trampling on the delicate negotiation process”. And, as stated, the mediator must be informed of the preliminary issues surrounding the arbitration and negotiation, as well.

Being informed is another key aspect a mediator must possess. And, again, in referencing Page “The mediator with knowledge of negotiation can be more patient and self-controlled. Knowledge of the sham will promote patience with a party's apparent aggressive behavior. A mediator who is aware of negotiator tactics will be less startled when they are used. The mini-max principle might suggest that the mediator could expect to observe devious behavior from both parties throughout the process. Although negotiators may use the flinch as a tactic, a mediator should never flinch. As a neutral, the mediator should not express personal opinions during the case”. Although this appears to be an ideal method and approach to conflict resolution the reality is the mediator is a third-party participant and problems can and will arise in heated conflicts and emotional matters. Especially, when handling organizational, financial and/or familial issues requiring arbitration and mediation and engaging the sham, which is defined as an exaggerated and/or inflated consensus of power and status by either and/or all participants.

Dangers faced when Mediating and Negotiating Organizational Matters of Conflict

When mediators are finally called-in it is usually because all coherent and appropriate in-house arbitrations, negotiations and coercion have broken-down and the matter is beyond repair and/or equal retribution, reflection and restitution, by the engaged participants, can be reached. Thus, a neutral third and/or fourth party is required to aid the conversation and negotiation and/or arbitration session (Benet-Martinez et all, 2002). Consequently, mediators, who have inadequate understanding of where the parties of conflict are involved in their phases of struggle, can hinder and terminate the mediation process before arbitration can even begin. According to Page “The mediator should know at what point he/she entered the process. The mediator who is aware of negotiation structure can understand at what point the impasse occurred. Perhaps an early sham statement was taken seriously by one of the parties. In caucus, the mediator could explain to the other the need to abandon his/her sham.” Also, if the process of arbitration and negotiation is handled by an unexperienced mediator, who does not recognize possible shams, when they are being presented in the conflict, sessions may be settled prematurely. Thus, negotiation needs to mature, and the mediator must allow that to occur. And, as mentioned, if the conflict is settled prematurely, then either party can presumably claim bias and unfair practices and fault the third-party involved.

Aware Mediators can Deter Hazards before Negotiations are even Deemed Official

Irrevocably, an aware mediator will realize that a tactic (e.g., a threat) used in an early phase may be harmless but that same tactic used later might devastate the negotiation. Hearing a strong threat in a latter phase might cause the mediator (in caucus) to serve as an 'agent of reality' and speak frankly to the threatening party. And, in looking at a mediator and arbitrator, who does not possess the skills and experience to comprehend, anticipate and/or delineate these threats of the participants can easily breakdown negotiations. Thus, quickly steering them from being assisted to resolution(s) to incessive demands of judgement by the parties, who now view the mediator as judge, jury and verdict renderer. Hence, mediators must implement their 12 core principles and phases of conflict resolution, as stated previously, to gather data and pivotal information required to assist the process in mediation and negotiation, from the participants themselves, so findings are inclusive and not judged on seclusive evidence and opinions.

And, according to Complete Dissertation “In order for mediation to be seen, four conditions must be met.  First, independent variable must be related to dependent variable.  Second, independent variable must be related to mediator .  Third, in the final regression, mediator should remain a significant predictor of the dependent variable.  Fourth, in the final regression, independent variable should no longer significantly predict dependent variable.  If all four conditions are met, full mediation is supported.  If only the first three conditions are met, then partial mediation is supported”. Meaning, all the data must be linked to the participants in question and they must all be correlated to the risk/issues in inquiry and conflict, too

Data Negotiators Choose when Analyzing and Conducting Sessions to Eliminate Conflict

Before data can even be presumptively gathered an outline must be performed and there must be a beginning as to how this conflict commenced. In looking at how to introduce the matter and in referencing Curtis “This is just what it sounds like: an introduction to the process, its ground rules, and the steps in the process. This provides an outline for the participants so they know what to expect and can determine if they wish to continue with mediation”. So, if all parties agree they want to continue with the medication then a story must be told but done so in a fact-finding methodology.”

Therefore, storytelling is your chance to tell your story without interruptions, except for mediator questions meant to clarify. You can describe the accident and aftermath in detail or explain what you expected to happen under the contract. Likely, you will focus on the other party’s role in the accident or the costs of the broken contract. The mediator then has better insight into the situation, and it may also help the other party get a better sense of how you feel. At the end, the other party(s) can ask questions. Following the introductory data and story telling the mediator can begin to “Brainstorm” in efforts to gather more information and/or clarification of the issue(s) at hand.

Mediation and Continual Process of Data Collection and Evaluation of Issues Presented

In this stage, the mediator clarifies the positions and interests of each party, separates facts from opinions or theories, and can make suggestions, but mostly the mediator tries to encourage creative thinking and ensure that the creating is separated from the deciding, to avoid eliminating potentially good ideas. These ideas may, of course, be considered as resolutions, but they are more intended to model creativity. Therefore, after this process of data collection comes an evaluation of the issues. The mediator will bring ideas from both parties together, perhaps finding ways to link options and create compromise. To continue with an example: if you think that you should be awarded $1 million in damages for your pain and suffering, and in truth, you broke a bone in your pinky finger, you might need a reality check. If, on the other hand, you are a concert pianist and need this finger, the other side may need to cede a little ground to you. In all, after the data is weighed and the participants complete their versions and the negotiator hears fully the issue, they can then offer arbitration based on the parties’ data collected. And, make suggestions according to what materials were presented by both sides of the conflict. However, conflict is still involved and although the negotiation may have been draft worthy issues and remnants of struggles are still present and thorough.

Siding with one, Siding with both and/or Caught in the Middle of the Negotiation Now

Though a draft may be able to be finalized the presence of confrontation and pestilence may still be present and the finalization, though it may have been negotiated, still has ramifications due to possible negative feelings participants may have concerning the negotiations, each other and the negotiator(s). Au et all explain, “Thus, tempered radicals’ personal and professional identities are in conflict. To resolve the conflict, they gently and continually push against prevailing norms to cause evolutionary change. These individuals know where they will encounter resistance and identify incremental but meaningful ways to make lasting changes within those boundaries. Knowing that drastic actions might backfire, they work with the boundaries imposed by organizational values and beliefs. Searching for ways to attain desired outcomes within the boundaries of external constraints resonates with the belief in negotiable fate”.

Thus, organizations desiring cultural change should identify employees who have low bi-cultural identity integration, and thus may desire to slowly and steadily align the organizational values and beliefs with their own. This is because after receiving, hearing, observing and reviewing the data gathered and presented, the mediator, though not the final author of judgment, must draft an Agreement. The agreed-upon resolution is recorded, and terms clarified to avoid misunderstanding. And, as mentioned, since the mediator is not judgmental, this can take some time as lawyers might need to become involved to work out each detail to ensure their clients are protected as fully as possible. This ideal, though well-suited for Western mediation practices that mainly focuses on swift arbitration and followed by deliberate settlement for accuracy, differs in world conflicts. And, this practice is viewed very dissimilar in terms of cultural resolution practices in areas such as, for example, Europe and Asia.

Concluding on how other Cultures Adhere to Negotiations in Comparison to the West

Up until now this essay mainly focused on Western World negotiations and mediation. But, in closing a contrast can be made when dealing in European and Asian market appeals for conflict resolution. In fact, “traditional Western theories on fate beliefs and control associate a belief in fate with passivity, withdrawal, and depression. What is unique about the Chinese context, we contend that research which simply applies of slightly modifies Western theory ‘‘incrementally contributes to the existing knowledge base but fails to provide innovative ideas or novel insight about management practices within Chinese or Asian contexts”. To more fully capture the culturally rooted nuances of collective Chinese wisdom, we introduce the concept of negotiable fate and provide novel insights into organizational behavior in China”.

Likewise, Europeans follow the same trends and reenact more of the Asian philosophy and according to Sgubini and Simin “Italians prefer to take their time negotiating and be familiar with who they’re talking to. Indeed, being in a rush to sign an agreement will lead to unfulfilled expectations. For example, during a business lunch it is important to begin with relaxed conversation; giving your partner the opportunity of enjoying lunch before you get to the subject you’re interested in”. Thus, the respective boundaries collective bargaining must adhere to may have similar principles and ideals regarding conflict resolution, but the cultural aspects and customs of the area can easily be read wrong and derail fragile negotiations due to cultural misunderstandings. And, the regions of Asia and Europe differ regarding their cultural identity, as well. An example of this is “perceptions of time can change depending upon whether business is being conducted with people from the south or north of the Italian peninsula. Southerners generally have a much more relaxed perception of time than those in the north”. Though, culturally, conflict resolution may vary in practice the goal is a full agreement by its participants involved.

Ultimate Requirements of Mediation and Negotiations when Resolving Conflicts and Issues

If arbitration and mediation are to work and take place between various cultures, there must be a multicultural medium that enables organizations and countries to present their objections in a neutral atmosphere. And, it must be established in impartial agreements for all parties to understand its’ need. Nevertheless, research may have to establish how this can take place between nations when organizational conflict arises. And, in depth examination may have to exact ways to enhance the implementation of its approaches and the training methodology for its mediators. Plus, there a so many cultures and conflicts associated with people in world organizations, which make exact methods of its principles hard to understand. So defined research may never be fully recognized. However, the ability to begin conflict negotiations can always end on the framework and verdicts of and from unbiased mediators.

Finally, studies have proven that proper mediation may not solve all issues related to conflict. However, it can deter erroneous disagreements and formalize methods to ensure practical problem solving becomes routine in business strategies. In all, the mediator is a referee that is part of the game but has little to do with the outcome awards. So, it is important to know that before negotiations begin each and all parties must be willing to concede for the best practice and interest of the drafting resolution. And, the mediator must not be viewed as a judge and jury. The mediator must remain inside the fight but think outside the box in the negotiations unfold. And, they must also be culturally aware of the participants, as well as, the conflict to enable arbitration to be recognized and reformed.

References

1. Au, E., Qin, X., and Zhang, Z. (2017). Beyond personal control: When and how executives’
2. beliefs in negotiable fate foster entrepreneurial orientation and firm performance. Organizational Behavior and Human Decision Processes. Science Direct. 143, 69–84. Retrieved from: https://ac-els-cdn-com.proxy1.ncu.edu/S074959781730393X/1-s2.0-S074959781730393X-main.pdf?_tid=01591404-7eac-4268-a397-64dbdd2f40e7&acdnat=1549676715_0b9b0608df16cbba73007de45c526428
3. Benet-Martínez, V., Leu, J., Lee, F., and Morris, M. W. (2002). Negotiating Biculturalism:
4. Cultural Frame Switching in Biculturals with Oppositional Versus Compatible Cultural Identities. Journal of Cross-Cultural Psychology, 33(5), 492–516. https://doi.org/10.1177/0022022102033005005
5. Carbone, M. (2019) Mediation Strategies: A Lawyer’s Guide To Successful Negotiation.
6. Retrieved from: https://www.mediate.com/articles/carbone7.cfm
7. Complete Dissertation (2018) Mediation Analysis. Retrieved from:
8. https://www.statisticssolutions.com/data-analysis-plan-mediation-analysis/
9. Curtis, J. (2012) 5 Phases of Mediation. Retrieved from:
10. https://www.johncurtis.ca/mediation/5-phases-of-mediation/
11. Law Reform Commission (2010) ALTERNATIVE DISPUTE RESOLUTION: MEDIATION
12. AND CONCILIATION. Retrieved from: https://www.lawreform.ie/_fileupload/reports/r98adr.pdf
13. Page, N. (2007) Negotiation: What Should A Mediator Know? Retrieved from:
14. https://www.mediate.com/articles/pageN4.cfm?nl=132
15. Sgubini, A. and Simin, R. (2006) Mediation and Culture: How different cultural backgrounds
16. can affect the way people negotiate and resolve disputes. Retrieved from: https://www.mediate.com/articles/sgubinia4.cfm

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