NCJ Number
99894
Journal
Villanova Law Review Volume: 29 Issue: 6 Dated: (1983-1984) Pages: 1421-1448
Date Published
1984
Length
28 pages
Annotation
A discussion of the role of negotiations in dispute resolution focuses on the basic principles involved in the negotiating process and the role of mediators during the course of negotiation.
Abstract
The use of negotiations is growing in importance in resolving real or potential conflicts among groups in our society in areas previously covered entirely by market or governmental mechanisms. Abstract models of negotiations are generally too simplified to be useful in examining real situations. Negotiations in which the parties will continue to interact after the agreement is reached, in which the members of each group have important differences in preferences, and which focus on many issues follow several principles. These include the need for internal agreement within groups prior to agreements between or among groups, the use of inflated initial proposals, changes in positions, the vital role of deadlines, and the use of final concessions. Other principles are the use of different sites, the use of conflict as a pressure, the need for secrecy, and the use of a procedure for filling gaps in an agreement. Negotiations typically proceed through several stages. Mediators serve several purposes: controlling the information flow, acting as an impartial factfinder, producing understanding, acting as a neutral proponent, and putting an agreement into final form. It is important for the mediator to have the respect of the parties. The mediator may become an arbitrator and may take a position in the public interest. Negotiations have several benefits in comparison to litigation: lower costs, greater speed, and greater clarity in the ultimate agreement. Organization managers need to understand the basic principles of negotiations. Footnotes.