Copyright © 2014 by The University of Kansas Seeking a Negotiator, Mediator, or Fact-Finder

Copyright © 2014 by The University of Kansas

Seeking a Negotiator,

Mediator, or Fact-Finder


Introduction

• Before you Start• Negotiating• Establishing equality to other party• Alternative Dispute Resolution• Getting to Yes

• Principled Negotiations• People• Interests• Options• Criteria


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)


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.


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.


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.


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


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.


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.


Why would you seek a negotiator, mediator, or

fact finder?


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.


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.


Fact Finders

• You and the other party disagree on the facts.


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.


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.


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


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.

Documents

Copyright © 2014 by The University of Kansas Seeking a Negotiator, Mediator, or Fact-Finder