WHAT IS NEGOTIATION? HOW NEGOTIATION IS RELATED TO MEDIATION
WHAT IS NEGOTIATION? HOW NEGOTIATION IS RELATED TO MEDIATION
AUTHOR: RINI RASTOGI
Alternative Dispute Resolution (ADR) is a method through which many disputes can be settled without going to Court and under ADR, there are 5 processes mentioned in order to solve disputes. These 5 processes are Arbitration, Negotiation, Mediation, Conciliation, and Judicial Settlement. Under these, disputes can be settled with the intervention and help of a third party. ADR can also be termed External Dispute Resolution (EDR).
What is Negotiation? How Negotiation is related to mediation
Negotiation is a process in which parties can resolve the dispute in such a way that both of them find acceptable. In this method, one party tries to persuade the other party with their point of view and if that other party accepts the proposal then the dispute will be resolved.
This method involves giving and taking away. It should also be mentioned that there is no compulsion for either of the parties to participate and negotiate under this type of ADR. They have the right to either settle the dispute or reject the solution that is done by the negotiation. Negotiation has some characteristics, which are as follows:
- two or more parties;
- it contributes to good results;
- an equalizing process;
- it mainly contributes to attaining mutual satisfaction.
Why does one negotiate? What is Negotiation? How Negotiation is related to mediation
Negotiation is an important as well as the flexible process of dispute resolution because it only revolves around only those individuals or parties who are interested in the matter.
They shape the negotiation procedure according to their required conditions and convenience. As mentioned above negotiation is not a mandatory process which makes the negotiation process a voluntary process. If we talk about the importance and benefits of the negotiation process, then some of its advantages are mentioned below-
- Negotiation is a party-based dispute resolution that solely involves the stakeholders and no extra third party. This makes it a non-public affair.
- Negotiations safeguard the liberty of the parties. The parties are liberal in setting plans for their alternative that help with the attainment of the aim of the negotiation.
- The consent of each party is regarded. Also, it creates certain that there's no play of powers and each party is given equal footing to talk.
- The negotiations have a possibility of a more favorable result because it is eventually grounded on the party’s interest and is totally run by the party’s consent to dissolve the dispute.
- Negotiation is a voluntary process and there is no intrusion of any third party in the proceedings which results in the protection of confidential information.
Styles of Negotiation - What is Negotiation? How Negotiation is related to mediation
There are 5 types of styles that are used in the process of performing negotiation to solve the dispute between the parties. The 5 styles are given below:
Compete Style-
This style follows the path of an “I win, you lose” mentality. Under this style, negotiators would tend to do everything for their success even at the expense of another party, person, or entity.
Collaborative Style-
This style follows the “I win, you win” model means both parties get benefits under this type of style. Collaborative negotiators target ensuring all parties have their desires met in an agreement. They price strengthening, establish, and building relationships while not compromising their company’s best interests.
Compromise Style-
In contrast to the “win-win” collaborative style, the compromising negotiation style follows the “I win/lose some, you win/lose some” model. Once reaching the terms of the agreement, compromisers usually relinquish some terms in favor of gaining others. A compromising negotiation style is most helpful in things wherever the other party is trustworthy, and also the agreement is below a decent point. However, compromising can cause your company to lose out on cooperative partnerships and innovative solutions.
Avoid style-
An avoiding negotiation style follows the “I lose, you lose” model. Those people who ascertain to avoid negotiation style extremely, dislike conflict and have a tendency to speak in obscure terms concerning the problem at hand instead of the problem itself.
Accommodate style-
An accommodating negotiating style follows the “I lose, you win” model – which doesn't appear to be in a very negotiator’s best interest. Accommodating negotiators are totally different from competitive negotiators. They concentrate on protective relationships and building a friendly rapport by sacrificing a number of their company’s interests in favor of the other party’s interests.
Relationship between mediation and negotiation - What is Negotiation? How Negotiation is related to mediation
Occasionally, the terms mediation and negotiation are thrown around within the same context, however, this cannot be correct. Mediation and negotiation are two completely different approaches to breakdown a dispute, and knowing the distinction might mean good support what you comply for dispute resolution.
In negotiation, parties comply with work with each other so as to induce a resolution. This suggests hoping for the opposite individual to achieve a result. In mediation, parties comply with work alone, however under the guidance of a trained mediator.
In conditions wherever communication has been impaired, a mediator will be very useful for guiding communication in a very positive manner. Instead of delaying contestation with the opposite party, the mediator goes to go looking for a basis and refers to practicable solutions.
In negotiation, the disputing parties needed to satisfy each other since there isn’t very anyone else concerned. That’s not true in mediation. Mediation is way additional versatile and permits parties to either meet directly within the same area with the mediator or to satisfy on an individual basis and have the mediator shuttle back and forth. What’s nice concerning mediation is that there's plenty of additional flexibility to style it around your desires.
Through negotiation, parties are able to bind them in an associate degree agreement. A mediator, on the opposite hand, doesn’t have decision-making power.
Parties should comply with the voluntary facet of mediation, which provides you additional freedom to hit an honest answer. Parties can't be sure through the mediation method, however, you are doing the ability to hit an answer that works for everybody.
In negotiation, each party is probably to use persuasion to force the opposite party to accept their points and sign a document. If a party is exhausted or just uninterested in fighting, he or she may feel pressured to sign the agreement.
In mediation, however, the mediator’s role isn't to influence one side or another. Despite the fact that this can be true, the mediator will be a useful dose of reality for a party who believes that he or she ought to get “everything” or that he or she is entitled to unreasonable terms.
Conclusion- What is Negotiation? How Negotiation is related to mediation
We have read many advantages of mediation and negotiation as aforesaid mentioned. Thus, both are equally helpful and relatable in order to solve disputes. Both have their own importance, and value as per the need.
In the ADR mechanism, we can use any sort of method and say that mediation and negotiation may be different and have uncommon approaches but both are related to each other in some way.
