Transitioning from Adversarial Negotiation to Collaborative Mediation

• Author: Victoria Pynchon/Joe Kraynak (With)
• Profession: Mediator, author, speaker, negotiation trainer, consultant, and attorney with 25 years of experience in commercial litigation practice/Professional writer who has contributed to numerous For Dummies books
• Pages: 173-186

Chapter 10

Transitioning from Adversarial

Negotiation to Collaborative

Mediation

In This Chapter

▶ Leading the parties toward interest-based negotiation

▶ Encouraging and facilitating the free exchange of information

▶ Empowering the parties to resolve their issues together

A

dversarial negotiation pits parties against each other and shuts down

the free exchange of information. In an adversarial environment, each

side needs to be careful about leaking information that the other side can use

to its advantage, so the parties often “go dark.” Unfortunately, you can’t con-

duct effective mediation in the dark. Effective mediation requires disclosure,

transparency, and collaboration so that the parties can explore the full range

of possible solutions together.

In this chapter, I explain various strategies and techniques you can use to get

the parties to open up (and have their attorneys permit them to participate),

to encourage and facilitate the free exchange of information, and to coach the

parties to work toward forming a more collaborative relationship. Here, you

discover ways to help the parties let down their guard and work together to

serve each of their interests.

Overcoming Strategic Barriers

to Transparency of Interests

Strategies for winning the “game” of competitive negotiation often create

barriers to the successful mediation of a dispute. Competitive negotiation

requires the parties to open aggressively, maintain high aspirations for their