Pray one hour before going to war, Two hours before going to sea, Three hours before getting married, (and four hours before going to court).
- Indian Proverb – (modified)
HOW DO YOU SAY “ADR”?
Country
Negotiation
Mediation
Japan
Kosho
Chotei
Korea
Hyoepsang
Joongjae
Malaysia
Rundingan
Perantaraan
China
Tan Pan
Tiao Jie
Thailand
Jeraja
Klaiklea
Compiles by Professor John Barkai and students from the University of Hawaii’s JEMBA Program (Japan Focused Executive MBA) and JAIMS’ (Japan American Institute for
All disputes arising out of this contract shall be submitted to mediation
American Arbitration Association Sample Mediation Clause
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure
They want to “empower” and “transform” the parties. USPS
Facilitative mediators
ASK
Evaluative mediators
TELL
Styles & Types of Mediation Facilitative, evaluative, transformative, narrative, etc. Community, commercial, construction, family, employment, probate, postal service, tort, peer mediation for school-aged children, etc. Narrow or broad Caucus or non-caucus
Subjects given a mug valued it at much higher price ($7.12) than those given money and permitted to buy the mug ($2.87), or than those permitted to choose the mug or money ($3.12).
Example 2: Duck hunters were surveyed about what they would pay to protect wetlands where they hunted
willing to pay an average of $247 per person per season for the right to prevent development (thus preserving their capacity to hunt)
willing to demand, on average, $1,044 to give up an entitlement to hunt in the wetlands
Selective Perception – Risk Analysis
Disputants exclude the possiblity of losing in their unsophisticated approach to risk analysis
Flip a coin.
You call it – you keep it.
Offer you 55% before the flip
A Mediator's View of the Bargaining Process
1. Getting the parties unstuck
get the first new offer.
a change in position or a shift to interests.
2. Moving the bargaining along.
- generate significant movements in the bargaining.
multiple concessions or the reformulating interests.
3. Closing the gap.
- moving beyond original bottom lines
PRACTICE MEDIATOR LINES
FORUM PHASE - DEALING WITH THE PAST AND THE PRESENT
Can we agree that as a ground rule, we will ...
Remember, you both agreed not interrupt..
Tell me more about that.
When did this happen?
So what you are saying is ...
Wait. Let me be sure I understand correctly. You're saying ...
So, as far as you are concerned ...
What else is important?
Could you say more about that?
How do you feel about what happened?
What do you mean by that?
Is there anything else you want to add?
Let's move to the issue of ...
Can you tell me more about ...?
What additional information do you have on that?
Of all that you have talked about, what is most important to you now?
NEGOTIATION PHASE - DEALING WITH THE FUTURE
What could X do to help you solve this problem?"
What can you do to help solve this problem?
Do you have any other ideas for solving this problem?
What do you think will happen if you can't negotiate a solution?
How do you want things to be between the two of you?
Is what you are talking about now helpful in reaching a solution?
Put yourself in Mr./Ms. X's shoes. How do you think they feel right now.
What do you have in mind on that topic?
If X were to do A, what would you be willing to do?
What I hear you saying is that you might be willing to ...
You both seem to agree that ...
Do you agree with the solution that we are talking about?
What you are talking about sounds like it might work. What will happen if ...
