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An analytical approach to negotiation and mediation does not replace
the need to cover the first phases of mediation through contracting,
Table 1 and Table 2, but it adds on to the Table 2 phase components and
methods intended to improve settlement efficiency.
After a brainstorming/option generation session, an analytical
approach involves a "pre-negotiation" (Lectures on Negotiation Analysis, Howard
Raiffa, Harvard Program on
Negotiation, 1997) session that would include:
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Construction of a template of issues |
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Addition to the template of the
potential resolutions of the issues |
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"Refinement of the template" |
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Private sessions in which parties
assess their negotiation preferences and issue importance |
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Exchanges of preference information |
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Construction of packages that provide
for resolution of all issues |
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Efforts to improve the parties'
packages to obtain settlement efficiency |
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Copyright ©2002 Joseph P McMahon
Jr.
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The analytical approach can be used in
mediation to assist parties in finding the best and most
"efficient" resolution to their dispute. Ernie Thiessen
has developed software for such purposes that is described in a paper we
co-authored - Beyond
Win-Win in Cyberspace.
These concepts presume that the parties and
mediator have previously completed a conflict
assessment, applied interest
based bargaining and improved
communications.
Other sources of great information on
settlement & negotiation analytics:
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The
Art and Science of Negotiation,
Howard Raiffa, Belknap Press of Harvard University Press, 1982. |
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Lectures
on Negotiation Analysis, Howard Raiffa, Harvard Program on Negotiation, 1997. |
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Post-Settlement Settlements: Agreeing to
Make Resolutions Efficient,
Robert W. Mendenhall, 96 J.Dis. Resol. 81 (1996).
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