Seeking a Negotiator, Mediator, or Fact-Finder

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Seeking a Negotiator, Mediator, or Fact-Finder
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Introduction

• Before you Start
• Negotiating
• Establishing equality to other party
• Alternative Dispute Resolution
• Getting to Yes
• Principled Negotiations
• People
• Interests
• Options
• Criteria

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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)

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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.

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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.

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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.

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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

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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.

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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.

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Why would you seek a negotiator, mediator, or
fact finder?
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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.

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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.

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Fact Finders

• You and the other party disagree on the facts.

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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.

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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.

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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

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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.