Facilitation, Conflict Management and Dispute Resolution 
Joseph P. McMahon Jr.

303-333-1960 

617 Steele St., Denver CO  80206-3941

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Some possible elements of a negotiation code of conduct for use in high conflict situations.
Drafted by Joseph P McMahon as modified from Milton R Wessel’s Rule of Reason, 1976, Howard Raiffa’s The Art of Negotiation, 1982, Fred Ikle’s How Nations Negotiate 1987, David Straus’, Managing Meeting to Build Consensus, The Consensus Building Handbook.

Attitude & approach to the mediation process

  • We will expedite the process, and will not cause delay.
  • We will maintain flexibility.
  • We give integrity our first priority.
  • We will negotiate in good faith.
  • Data or information will not be withheld merely because it may be "negative."
  • We are starting this process afresh and looking for new solutions. We will not try to confine any stakeholder to their prior proposals or prior tentative agreements.
  • We will reciprocate concessions and return favors.
  • We will not engage in unfair tricks or actions designed to mislead.
  • We will try to arrive on time for meetings with the intent to attend the full meeting.

At the mediation sessions   

  • One person speaks at a time; no side conversations or interruptions.
  • We recognize our responsibility to both (a) state our views and (b) listen to the other party’s views. We speak to explain, and listen to understand.
  • We will avoid dogmatism, posturing, emotionalism, rudeness, blame, and threats (i.e.., criticize ideas, not people).
  • We will also avoid gossip, "speechifying," repetitious arguing, and unjustified assumptions.
  • We will adhere to the agreed-upon agenda and agreements about time limits.
  • We will speak succinctly and avoid repetition. If you agree with a prior comment – just say so.
  • We will not dominate the discussion and, rather, will work to ensure that everyone gets to be heard.
  • We will not unnecessarily or lightly impugn the motivation of another party.
  • We will not question an opponent’s characteristics or personal habits.
  • Extremism may be countered forcefully when justified, but not with extremism.
  • We will affirmatively disclose uncertainty, hypothesis and lack of knowledge—rather than concede it reluctantly or when under pressure.
  • We will disclose our interest in the outcome and our bias voluntarily, and as a matter of course.
  • We will avoid disputes about the status of negotiating parties.
  • We will turn off pagers and cell phones.

Copyright ©2002 Joseph P McMahon Jr.