Negotiation v Mediation

Negotiation is a communication process by which people attempt to align conflicting values so that they can settle differences on agreeable terms. Mediation is facilitated negotiation with the assistance of a neutral third party. Both negotiation and mediation are consensual interactive conflict resolutions processes.

Mediation may not be required if active negotiation is progressing. Mediation is necessary as soon as there is tension during negotiation. The mediator facilitates communications between disputants.

In negotiation or mediation, each party or disputant representing its position or interest tends to be assertive. The relationships among principals and agents (such as clients and lawyers) might also have tension because of different considerations. The third party mediator facilitates by clarifying their perspectives and generating solution options that should accommodate their needs.

Ideally, actors in the processes should play a constructive role by questioning their assumptions, maintaining the dialogues and applying objective criteria to attach value and measure differences. The secret of success lies in creative problem solving, as a better outcome for one side does not necessarily mean a worse outcome for the other. Negotiation or mediation, after all, is about value creation and relationship management!