MARK ASHWORTH

Negotiation Articles
Negotiation - Mediate.com

Negotiation

At Pepperdine the other week Bruce Edwards likened the mediation of money disputes to a space rocket on a continuum of early, mid and late stage negotiation.

It got me thinking.

By early negotiation you have already done your convening and opening work. You have banked the currency you earned in those phases of the mediation (rapport, trust, credibility etc) but it’s not there for long and you will spend it in the forthcoming negotiation phase.

By the end of early-stage negotiation you will have jettisoned the experts who fall away earthward – with all their technical know-how that has been useful until now – and you speed on.

By the end of mid-stage you have said goodbye to the legal issues (aka merits of the case and risk analysis) that have given the debate structure so far.

So that by the late-stage of negotiation you are floating in space, facilitating the deal while the parties swap messages wrapped up in dollar proposals attempting to signal the potential for movement – often unprincipled and pragmatic, not weighed down by ‘the case’, but more about what can be achieved around that table on that day with that amount of talking behind them.

                        author

Geoff Sharp

Geoff Sharp is a Commercial Mediator from Wellington, New Zealand. Geoff works in the Asia Pacific region, including New Zealand, Malaysia, Thailand and Pacific Islands. He is a mediator resolving business problems. He is a fellow of the International Academy of Mediators and mediates complex and hotly debated litigation covering… MORE >

Featured Mediators

ad
View all

Read these next

Category

The Five Most Effective Ways to Break Negotiation Impasse: Part II

Someone recently told me that you can't argue with a story, only with a position or another argument.  That's why narrative is such a powerful impasse breaker and why asking...

By Victoria Pynchon
Category

Mark Fowler

When I grew up, I had a best friend. We did everything together. We even became brothers when we mixed blood from our index fingers, aged 8. Then we sort...

By Geoff Sharp
Category

Negotiating, as a Precursor to an Attack

From Colin Rule's blog. Reuel Marc Gerecht in the NYT 2/20/08: "The Bush administration should advocate direct, unconditional talks between Washington and Tehran. Strategically, politically and morally, such meetings will...

By Colin Rule

Find a Mediator

X
X
X





This site managed with Dynamic Website Technology from Mediate.com
Products and Services