Summary: Negotiation, Mediation And Conflict Resolution

Read the summary and the most important questions on Negotiation, Mediation and Conflict Resolution

• 1 Week 1

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• What are the three types of mediators?

  1. Facilitative mediation: mediator in charge of the process and clients in charge of outcome
  2. Evaluative mediation: mediator is in charge of process and outcome
  3. Transformative mediation: clients in charge of progress and outcome

• What are the differences between a judge and a mediator?

  · A judge aims to find out who is right while a mediator aims to resolve a conflict in a way that is satisfying to both parties
  · Judge has decision making power, mediator does not
  · Mediation is confidential, a judge is public
  · Judge: against each other, mediator: together against the problem
  · Judge for high escalation, mediation for more moderate escalation
  · Case law always leads to an outcome, mediation can fail

• What does a mediator do?

  · He does not judge
  · He does not recommend
  · He improves communication between the parties
  · He manages the influence of emotions
  · He uncovers underlying interests
  · He guides interest-oriented negotiation.

• What are the stages of escalation? When do you need a mediator and when do you need a judge?

  Mediator: phase 3-6
  Judge:      phase 7-9

• What is the attitude of a mediator

  · Attitude: to negotiate you need to make a distinction between an observation and an interpretation(assumption). Therefore a negotiator’s attitude must be to always ask and to never assume.
  Be aware of your own norms and values, and be aware that parties may have others. 

• What are the principles of harvard mediation?

  · Separate the people from the problem
  · Focus on interests, not on positions
  · Search for mutual gain solutions and invent as many options for solutions as possible
  · Use objective criteria
  · Know your BATNA

• 2 Week 2

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• Definition of Culture from Kevin Avruch

  · “Culture refers to the socially transmitted values, beliefs and symbols that are more or less shared by members of a social group, and by means of which members interpret and make meaningful their experience and behaviour (including the behaviour of others). (Kevin Avruch) 

• Cultural dimensions by Hofstede

  1. Power distance: how a society handles inequality and how much lower classes are okay with that
  2. Collectivism-individualism: the amount of dependence of others instead of independency
  3. Masculinity-femininity: amount of social and emotional gender roles in a society and how traits are assigned to gender
  4. Uncertainty avoidance: how a society deals with the unknown
  5. Long-term vs short term orientation: the time perspective of a society
  6. Indulgence vs restraint: society’s approach to the good things in life, ethics
  Being in a different cultural dimensions creates different points of views within a conflict or a negotiation. 

• Difference cognitive and affective trust

  ·        Cognitive trust: trust from the brain: it is the basis of must individualistic business relationship. It does not have to be reciprocal as long as it meets the expectations of the other party. It is also less influenced by cultural diversity.
  ·        Affective trust: trust from the heart, this creates an emotional bond between individuals, therefore also being reciprocal, and it is more difficult to build in context of cultural diversity. 

• Face in western cultures

  By contrast: in typical 'Western', more individualistic cultures, 'face' would be generally more 'self-oriented'. You'll be mainly embarrassed by your own actions, and maintaining your own dignity is your main concern.