14BB
AN INDEPENDENT SUPPLEMENT BY MIA MEDIA & COMMUNICATIONS GROUP TO THE MIAMI HERALD
MONDAY, MAY 14, 2018
ARBITRATION/MEDIATION
Mediation/Arbitration An Alternative to Litigation: Three Effective Negotiation Strategies
By Stanley Zamor
“Ultimate excellence lies not in
winning every battle, but in defeating the
enemy without ever fighting" — Sun
Tzu.
As a mediator, I continue to study
Sun Tzu’s the Art of War. Not because I
support war or conflict, but rather because
I believe that to effectuate collaborative
solutions one must be prepared for
multiple manners of “warring.”
The Art of War offers a great amount
of wisdom that can be used in a variety of
industries. As a mediator, I have observed
disputants being counterproductive
throughout a mediation conference
because they are too focused on winning,
although they both were very interested in
avoiding a trial. It takes a great amount of
awareness to help those achieve what they
say they want without them feeling as if
they gave up what they need.
Negotiation opponents often think
that the only way to negotiate is to
intimidate and by a show of power. There
are a multitude of negotiation approaches
and styles that have distinct advantages
and disadvantages. There are three I have
seen initially be more effective:
Reduce the Conflict: Conflict is
expensive. Before you engage in a lengthy
litigation matter or negotiation effort, be
honest and strategize about the business
of conflict. If there are a multitude of
issues, try reducing them to the most
essential points of conflict. Often, when
you have a chance to narrow down the
issues that need to be addressed, you
narrow down the cost and time that may
be incurred.
Enlarge the Pie: A rarely used
technique is to creatively broaden the
options of agreeable outcomes. Often,
disputants only come to negotiate with
limited ideas about what is owed or due
to them. So, in turn they negotiate with a
limited view of possible outcomes. When
you negotiate from a position of having
plenty of outcomes you tend to be more
flexible and reach agreement easier. By
“enlarging the pie” you create the tone
that greater options are available to those
with the willingness to seek greater
options.
Separate the Person from the Issue:
“If it is only business, keep it that way!”
Behavior during negotiation is key, and
perception is everything. When parties
state, “It is just business, this is a simple
case,” I always expect more, much more.
We are all human and therefore what
should be simple can easily turn into
frustration and lashing out when the
other side just doesn’t see how wrong you
think they are. Be mindful of harsh
negotiations turning into name-calling or
personality trait bashing. To reduce the
frustration and emotions, it is always
better to objectively remain focused on
the matter in dispute and not who is
doing the negotiating.
Mediation is an artfully delicate
process and should be facilitated by a
neutral professional with the unique skill
sets that promote collaboration, and
self-determination while encouraging
negotiations.
Stanley Zamor is a Florida Supreme Court
Certified Circuit/Family/County Mediator and
Primary Trainer and Qualified Arbitrator. Zamor
serves on several federal and state mediation/arbi-
tration rosters and has a private mediation and
ADR consulting company. He regularly lectures
about a variety of topics ranging from ethics,
cross-cultural issues, diversity, bullying, and
family/business relationships.
szamor@effectivemediationconsultants .com
www.effectivemediationconsultants.com
www.LinkedIn.com/in/stanleyzamoradr
(954) 261-8600
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