Running head: NEGOTIATING WITH UNCOOPERATIVE PARTIES Negotiating with Uncooperative Parties Dispute Resolution, HRMT411 November 24, 2013 Negotiating with Uncooperative Parties 1 NEGOTAITING WITH UNCOOPERTIVE PARTIES 2 The process of mediation is often used to resolve conflict between parties using various means and resources to get disputants to come to an agreement or resolution on a particular situation. Mediators play an important role in the relationship between the disputing parties and have a significant responsibility in getting parties to see the potential outcome of any situation, whether it is financial, personal, or business. The six steps of the mediation process, introduction, statement of problems, information gathering, identification, bargaining and generating options, and reaching an agreement (Sepp, 2003) set the stage for disputants to air all grievances and be able to come to an agreeable solution. Mediation takes on many forms depending on the disputant's situation but one of most common forms which will be used in this paper to explain the scenario is pure facilitative mediation. Pure facilitative mediation promotes collaboration and principled bargaining between disputants, with the ultimate goal of getting disputing parties to negotiate and hopefully reach an agreement amongst themselves (Coltri, 2010). The process of reaching this agreement or interacting behavior is where the mediator plays a big part. The next six steps will not only explain the steps in the mediation process but lay out the groundwork for the mediation between my client, the businessman and his partner and head chef. Step 1 - Introduction The mediator's first responsibility begins in the initial session by defining roles of all parties and laying the ground rules for the entire mediation process. In the scenario presented in the text, my client is disputing with his partner and head chef over distribution of resources from their catering business and mediation has been recommended as an acceptable course of action. In the initial setting with the mediator, it is important that the ground rules are spelled out and issues of all parties formally recognized and acknowledged. The mediator asks each party to communicate their issues and concerns and begins to converse with the two parties to NEGOTAITING WITH UNCOOPERTIVE PARTIES 3 form an agenda of issues and concerns to be further explored. Mediation should provide a \"safe haven for parties to re-establish contact and be able to listen fruitfully to each other\" (Doherty & Guyler, 2008, p.9). Step 2 - Statement of problems by parties The statement of the problems by each party include the case of my client, the businessman, which involves protecting the business interests while at the same time retaining a good working relationship with his partner and head chef. The partner and head chef's interests are receiving fair and equitable compensation from revenues earned from the catering business. Other underlying interests of the partner and head chef would include proper recognition and respect for contributions made to business that must be addressed. If they feel unappreciated for their efforts they could be hiding deeper interests that must be dealt with in order to come to an acceptable solution. This is a great opportunity for the mediator to feel out these interests or issues that may still be lingering that could affect the final outcome. A good mediator allows each party to thoroughly identify all issues and concerns and freely talk about the issues that are causing the impasse. Step 3- Information gathering The information gathering stage is building rapport between the parties and repeating back ideas and information that have been explored. The mediator uses this stage to connect with the disputants and seek out any emotional undercurrents that could hinder or slow down the process. In this scenario, the interests include maintaining the business at all costs, affirming the importance of the relationship with the partner and head chef, and fair allocation of revenues achieved from the catering business. Also during this stage, a skilled mediator will be able to identify and deal with parties seeking to defend their position. Here the mediator translates the position into underlying issues, values, and interests and hopefully brings the NEGOTAITING WITH UNCOOPERTIVE PARTIES 4 parties to a common ground where solutions or agreement can be reached (Doherty & Guyler, 2008). Step 4 - Identification of problem With these interests in mind, the mediator can begin to pull both parties aside in separate meetings to go over each issue and discuss them privately and in detail to ensure no hidden agendas are attached and really begin to see how they can come together on this dispute. Since the owner's interest is in keeping good relations with the partner and head chef, who he needs to keep the business running successfully, I would explore the option of not having this partnership and head chef and how that would impact his business and bottom-line. Using the principle of caucusing to go back and forth between both parties to get information that may lead to a compromise or agreement of both parties would be a good idea to keep the communication open and getting to real issues or ideas to help reach a settlement. This technique could lend itself to reveal some concrete equities that both parties have but may not be realized and will be a useful tool to come to an agreement. An example of this would be either parties really need each other and a compromise or a negotiated agreement on the fair distribution of revenues can be expressed and negotiated since the break-up of the partnership is not an option. Caucusing is a useful tool to aide parties in reaching a settlement and keeping informed communication between parties. The benefits include aiding parties to weigh options of best alternative of negotiated agreement (BATNA), test credibility and accuracy of information, and to probe facts and test motivation of parties (Israel, 2005). Step 5- Bargaining and generating options NEGOTAITING WITH UNCOOPERTIVE PARTIES 5 In a break-up, all parties lose, so the best solution in this case would be to make provisions for the fair distribution of catering revenues since the partner and head chef are really responsible for bringing in these revenues. Also, another point of mutual interest involves protecting the relationship that has obviously formed and the way to do that is for the businessman to recognize and appreciate the efforts of his partner and head chef in making the business a huge success. This success was obviously not overnight and involved long hours and hard work and acknowledging that success and sacrifice on behalf of his partner and head chef would go a long way in mending the relationship and making a real effort to be treated as equal partners. The mediator's role is to ensure that all interests have been expressed and addressed and everyone has been able to come to a negotiated agreement on the best course of action from here on. Step 6- Reaching agreement The best courses of action include acknowledgement of partners for their successful and profitable contributions to the business, maintaining and protecting the relationship that has already been forged over the years and fairly distributing revenues amongst the partners who have been committed and have put in the work to make and keep the business successful. The techniques used by the mediator will ensure the partially of the mediation itself while bringing the disputants to an acceptable and fair agreement. It is important in this final stage that all issues and interests have been thoroughly discussed and agreed upon because this stage finalizes all thoughts and needs of both parties and commonality and agreed upon solutions is the end result. This shared information is specific, stated in the positive, documented, and a useful tool for all parties to use and rely on. The agreed upon actions for this scenario include equal distribution of revenues for all parties and mutual understanding and respect of contributions on all parts. The owner failed to realize the importance of his partner and head NEGOTAITING WITH UNCOOPERTIVE PARTIES 6 chef and came to an understanding that to lose them was not an option, business has flourished and become very profitable due to their contributions. The partner and head chef came to realize that the owner had moved away from day-to-day operations and thus failed to recognize their achievements and hard work and regrettably assumed that all the profits were owed to him. The mediator's role was bringing the understanding of the real issues of both parties to light and coming to an acceptable outcome that was win-win for everyone. Now all parties are happy and treated with the respect they deserve and the business and its partnerships are flourishing and generating more revenue than ever. In conclusion, facilitative mediation was the most appropriate course of action in this case scenario because it allowed all parties to be guided towards an acceptable agreement. This process, facilitated by an experienced mediator, who understood and sought out the underlying interests, needs, and values was instrumental in the successful outcome of the dispute. Getting parties to realize and understand the real issues supporting the disputes was a big step towards resolution and getting them to understand that a breakdown or dissolution of the partnership was an option that was detrimental to all concerned. In the end, an equitable solution was attained and the business continues to flourish under equal leadership... NEGOTAITING WITH UNCOOPERTIVE PARTIES References Coltri, L. S. (2010). Alternative Dispute Resolution; A Conflict Diagnosis Approach. Upper Saddle River, N.J: Prentice Hall. Doherty, N., Guyler, M. (2008, April). Essential Guide to Workplace Mediation and Conflict Resolution: Rebuilding Working Relationships, Kogan Page Ltd., London, GBR Israel, S. M. (2005). Two dozen reasons for using caucuses in facilitative mediation. The Practical Litigator, 16(6), 7-11. Retrieved from http://search.proquest.com/docview/196392801?accountid=8289 Stepp, J. A. (2003, February). How does the Mediation process work? 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