Seeking a Negotiator, Mediator, or Fact-Finder

1. Seeking a Negotiator, Mediator, or Fact-Finder

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

3. 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)

4. 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.

5. 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.

6. 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.

7. 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

8. 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.

9. 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.

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

11. 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.

12. 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.

13. Fact Finders • You and the other party disagree on the facts.

14. 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.

15. 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.

16. 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

17. 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.