Introduction to the field and Brief
Insight to Negotiation, Mediation
Yavaş Yavaş-Gamats Gamats 2005

• It is a new field (dating from the 70’s, bringing together various other disciplines, such as
Political Science, Psychology and Sociology.
• Analysing international conflicts is a part of the field, but all kinds of disputes fall under the scope of Conflict Resolution studies. The disputes may be among neighbours, spouses, trade partners, government officials etc.
• The key question is how to take control of the conflict and better the relations.

• Different cultures have different approaches to conflicts. Some cultures choose to address the dispute directly and some choose to avoid facing the clash. In some cultures, voicing frustrations is regarded as normal, and yet in others it is rude to do so.
• Even the word ‘conflict’ itself might have diverse connotations in different languages.

• Conflict Prevention: An approach that seeks to resolve disputes before violence breaks out.
• Conflict Management: Aims to prevent the eruption of destructive conflict by facilitating a move from violent to spoken conflict
• Conflict Transformation: Enabling a transformation from conflict to lasting peace by addressing root causes and effects of conflict.
• Peacemaking : Peacemaking transforms the conflict from violent to spoken, and further, toward the definition of a common peaceful solution.
• Peacekeeping: Peacekeeping missions are often required to halt violence and preserve peace once it is obtained.
• Peacebuilding: It is utilized to prevent the recurrence of violence, by addressing the root causes of conflict and creating a stable and durable peace.

• The practitioners of Conflict Resolution are usually mediators, negotiators, diplomats, facilitators, relief workers, or even the conflicting parties themselves.
• The “organizations” involved these activities can be sovereign states, agencies, international organizations, diplomats or other actors that support, organize and fund those working in the field.

• Top to down initiatives: Power circles like government officials, politicians, trade union leaders, businessmen, community or religious leaders take active stance in such initiatives.
• Bottom to up initiatives: These are realized by the civil society members, members of the public in general, these are
‘grassroots’ initiatives.

• Track I diplomacy involves direct government-togovernment interaction on the official level. Typical Track
I activities include traditional diplomacy, official negotiations, and the use of international organizations.
• Track II diplomacy generally involves informal interaction with influential unofficial actors from civil society, business or religious communities, and local leaders and politicians who are considered to be experts in the area or issue being discussed.
• Track III diplomacy is essentially "people to people" diplomacy undertaken by both individuals and private groups from non-government international organizations that are dedicated to promoting specific causes, universal ideals and norms, and enacting systematic social change.

• ADR is an alternative to going to court.
Itworks closely with courts providing an alternative to formal judicial system.
• It is cheaper than going to court, so it is very much used in countries where
Common Law is practised, such as the
US, Canada.

• 'Three R's' of conflict resolution:
“recognize, respect, resolve”.
• Accept that conflicts are a natural part of life.
• Choose your approach: contending, yielding, problem-solving or avoiding.
• Listen and learn.
• Discover what is important for you and others.
• Respect each other.
• Find common ground.
• Be creative.

• Mediation is a type of third party intervention.
• The mediators try to find a common ground between the parties involved.
• They aim at building (better) relationships with the parties. They also have the goal of facilitating communication and counteracting misunderstanding between the parties.

• Mediators also structure the situation in which negotiations will take place.
• If negotiations are not progressing the mediators may have separate talks with the parties. This is called ‘shuttle diplomacy’.
• They list the topics to be discussed in the negotiations, and decide in which order the issues must be dealt with.
• They also clarify and reframe the issues, helping the parties determine their priorities, challenging the parties to generate new ideas or suggesting new ideas.
• Finally, when mediators are convinced that a solution is in sight, they can attempt to set a deadline for resolution.

• Negotiation is discussion between the parties to a conflict in efforts to resolve the issues on the table.
• Before every negotiation, parties involved must determine their Best
Alternative to a Negotiated Agreement
(BATNAs), aspiration and reservation points.

• Aspiration point is the MAXIMUM goal they can attain .
• Reservation point is the MINIMUM goal they are willing to settle with.
• Each negotiator should also determine his/her BATNA. BATNA is the Best
Alternative To a Negotiated Agreement. It determines the point at which the negotiator is willing to walk away from the table. If the
BATNA is surpassed, then the negotiator has losing hand, and it is best to give up the negotiations.

• Identify the issues in the negotiation. Do not get entangled in one issue.
• When you get obsessed with one issue, you begin to have a fixed-pie assumption. In other words, you start seeing the negotiation as a win-lose situation. Most of the time, BOTH
SIDES CAN WIN.
• As a negotiator, you must focus on both your side and on the other party’s side. By doing this, you can reach INTEGRATIVE
SOLUTIONS. Or in other words, achieve COMMON GAINS.
• This is what is called PROBLEM SOLVING in Conflict
Resolution.
• There is a common problem on the table. This is what LINKS you to the other negotiator.
• Achieving a win-win solution will prove to be lasting. The relationship becomes better after making such an agreement.

10 GUIDELINES TO SUCCESSFUL PROBLEM
SOLVING
• 1- Meet the other party in private. No press!
• 2-Face the future, not the past.
• 3-Be firm, but concerned and flexible.
• 4- Reframe the issues as a joint problem to be solved.
• 5-If there are blocking issues, be prepared to discuss them first with an open, creative mind.
• 6- Make preliminary meetings to get to know each other.
• 7-Establish working good relations with the other party.
• 8Clarfiy your priorities and try to envision other party’s needs and desires.
• 9-Do lots of creative brainstorming sessions alone and with members’ of your team.
• 10- Use skilled information sources. Look for the hidden details by using help from experts.