The Mediator’s Role In Positional Bargaining – Part 1

Bob Meynardie Mediation Theory

In spite of an acknowledged preference for interest-based “principled” negotiation, I acknowledged in my previous post that every civil mediation eventually becomes a positional battle.  This is largely because virtually every civil litigation is resolved based upon an exchange of money and litigation combatants are rarely seeking to preserve a long-term relationship after resolution. If, in fact, negotiations in mediation …

Bob MeynardieThe Mediator’s Role In Positional Bargaining – Part 1

Is Positional Bargaining Unavoidable?

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One of the primary tenets of Roger Fisher and William Ury’s book “Getting to Yes” is that negotiations should focus on interests not positions, i.e., avoid positional bargaining.  Positional bargaining takes place when each side takes a position, argues for that position, and reluctantly makes concessions from the opening position.  Fisher & Ury instead contend that wiser and more efficient …

Bob MeynardieIs Positional Bargaining Unavoidable?

Getting to Yes: Focus on Interests Not Positions

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By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite sides. Fisher & Ury illustrate their point with the story of two people in a library arguing over whether a window should be open or closed. The opposing positions are open on the one hand …

Bob MeynardieGetting to Yes: Focus on Interests Not Positions

Getting to Yes: Separate the People from the Problem

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The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their point when I first read the book, over time what stuck with me was the title not the underlying principal. As an advocate and mediator dealing primarily with business disputes, it is tempting to try …

Bob MeynardieGetting to Yes: Separate the People from the Problem

Back To The Basics

Bob Meynardie Mediation Theory, Negotiation Leave a Comment

I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without naming names, each new source has been insightful and a new perspective on the negotiation process that every one of us is involved in every day. Almost without exception, however, each new source compares itself …

Bob MeynardieBack To The Basics