Negotiation and Mediation Tips
1. Be Prepared
2. Gather facts
3. State out the issues
4. Have clear objectives -
What are your needs?
What are your interests?
What are your concerns?
What are the things you care about?
What are your anxieties?
What is really important to you?
5. Prioritise - Think about what you want and what you are willing to concede in order to achieve an acceptable outcome.
6. Explore a wide variety of possible solutions. Create favourable options to satisfy both parties.
7. Do your homework on the opposite party and think about what they think of you.
What are their needs?
What are their interests?
What are their concerns?
What are the things they care about?
What are their anxieties?
8. Focus on the issue, problem, interest, goal, solutions and what you seek to achieve.
9. Prepare yourself for a positive outcome.
10. Enter ODR with and open problem solving mind. Focus on solving the problem and not attacking the person.
11. Do not think the opposing party to be an enemy or an opponent. Think of the opposing party as a person who has a problem just like you and who wants to solve it.
12. Do not jump into conclusions. Get a clear understanding of what the other party wants with an open mind.
13. Do not enter ODR with an intention to win at all costs.
14. Be co-operative and collaborative. Be willing to compromise. Both parties should feel mutually that they have achieved something.
15. Strive to maintain a good working relationship. Build a good rapport
16. Make a good opening statement.
17. Do not be assertive.
18. Do not engage in any tricky tactics.
19. Do not be anxious.
20. Be Polite.
21. Be flexible.
22. Be Cool and Calm.
23. Handle emotions.
24. Communicate confidently.
25. Be Constructive - Get an agreement on the issues and identify interests and needs.
26. Always summarize at every step. Check with the other party on all points agreed.
For example,
"The following have been agreed by us……………..Correct?"
Next
"The following need to be addressed upon……………Yes?"
27. Solutions should be catered to both. Ensure both parties benefit from the agreement.
28. Make sure your ideas are realistic, reasonable, and possible.
29. Work towards minimising joint loss and maximising joint gain.
30. What is your alternative if ODR fails?
31. What is their alternative if ODR fails?
32. Think about -
The cost you will incur if you do not resolve your dispute via ODR
The time it will consume if your dispute is not settled via ODR
Preserving your relationship
Other business that may suffer
33. Our objective for ODR is that we do not want to litigate and take the dispute to court. We are looking at a Win-Win solution. Please bear this in mind when negotiating and mediating.
34. Successful ODR satisfies your interests with a bit of giving in.
Always think positively.
Get on with your life…….Settle Your Dispute NOW.
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