Copyright © 2014 by The University of Kansas Seeking a Negotiator, Mediator, or Fact-Finder

Copyright © 2014 by The University of Kansas Introduction Before you Start Negotiating Establishing equality to other party Alternative Dispute Resolution Getting to Yes Principled Negotiations People Interests Options Criteria

Copyright © 2014 by The University of Kansas What is a Negotiator? A negotiator represents one party to a negotiation. Most negotiations in a community are on a smaller scale (e.g. neighborhood disputes)

Copyright © 2014 by The University of Kansas When is a negotiator needed? Interactions between and among organizations, businesses, institutions. Legal issues Settlement of potential lawsuits, insurance claims, etc. Labor/management negotiations Involve formal contract issues Resole grievances or other workplace disputes.

Copyright © 2014 by The University of Kansas When is a negotiator needed? (cont.) Divorce and child custody Estate settlements Landlord/tenant disputes Very large private purchases Any negotiation to resolve a conflict or gain agreement.

Copyright © 2014 by The University of Kansas What is a mediator? An impartial facilitator with no link to either party in a negotiation. He has no interest in the substance of an agreement itself.

Copyright © 2014 by The University of Kansas Some things mediators ensure: Each party understands the positions and needs of the other. Each party operates in good faith. The parties come up with their own solutions

Copyright © 2014 by The University of Kansas What is a fact-finder? A fact-finder is impartial. Fact finding is: a process by which both parties present arguments and evidence to a neutral person who then issues a nonbonding report on the findings usually recommending a basis for settlement.

Copyright © 2014 by The University of Kansas What do fact-finders do? Come to some determination in a negotiation. Used in internal investigation of irregularity or illegality Determine which party to a dispute is representing the facts accurately.

Copyright © 2014 by The University of Kansas Why would you seek a negotiator, mediator, or fact finder?

Copyright © 2014 by The University of Kansas Negotiator You don't think you have the skills to negotiate for yourself. You need a negotiator to protect your interests. The other side has one You've already tried to negotiate the issue yourself and found it too difficult.

Copyright © 2014 by The University of Kansas Mediators You want to devise your own agreement, but you don't trust the other party. To avoid an adversary negotiation. The other party can't negotiate fairly face to face. Negotiations are stalled The other party has requested a mediation.

Copyright © 2014 by The University of Kansas Fact Finders You and the other party disagree on the facts.

Copyright © 2014 by The University of Kansas How do you seek a negotiator, mediator, or fact-finder? Let your fingers do the walking. Check the yellow pages Look on the internet. Consult the Federal mediation and Conciliation Service. Check with your state alternative dispute resolution agency.

Copyright © 2014 by The University of Kansas How do you seek a negotiator, mediator, or fact-finder? (cont.) Ask the court system for a referral Look for local community mediation programs. Check Nearby Universities. Ask your local bar association.

Copyright © 2014 by The University of Kansas Convincing the other party to seek negotiation, mediation, or fact- finding. Start with the concept of ADR. A matter of mutual benefit A convincing cost-benefit argument Demonstrate good faith by involving the other party equally

Copyright © 2014 by The University of Kansas Convincing the other party to seek negotiation, mediation, or fact- finding. Agree upon the following. The particular mediator The place The time Who'll be present Who actually has the authority to approve an agreement How long you'll continue the attempt before going to the next step.