What is Mediation?


According to the International Chamber of Commerce (“ICC”), “[m]ediation is a flexible and consensual technique in which a neutral facility helps the parties reach a negotiated settlement of their dispute.”

The ICC managed to capture most or all the elements of mediation in one sentence. Mediators might spend the first five minutes or so of their opening statement explaining the concepts embedded in that sentence.

But today I want to focus on one or two of these concepts: negotiation and facilitation. So for this purpose, I would say mediation is no more nor less than structured, facilitated negotiation.

The Harvard Negotiation Project recently asked me to share email links to a number of their short articles on problems and techniques in negotiation. These ideas may be useful to anyone negotiating with someone else, whether the subject is a million-dollar business deal or an increase in allowance for a preteen. And they may be of particular use before or during a mediation.

Negotiation Skills
Dealing with Difficult People
BATNA Basics: Boost Your Power at the Bargaining Table
Salary Negotiations
Business Negotiation Strategies
Negotiate Strong Relationships at Work and at Home
Understanding the Difference Between Leadership and Management
Overcoming Cultural Barriers in Negotiation
Hone Your Skills with Negotiation Training
International Negotiations
Effective Conflict Resolution Strategies to Avoid Litigation
Negotiation and Leadership: Dealing with Difficult People and Problems
Make the Most of Online Negotiations

This is the first of my blog posts for 2022.
Thanks for reading. To schedule a mediation or inquire about arbitration, call 205-208-0312.

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