When looking for settlement options and 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:
- Construction of a template of issues
- Addition to the template of the potential resolutions of the issues
- “Refinement of the template”
- Private sessions in which parties assess their negotiation preferences and issue importance
- Exchanges of preference information
- Construction of packages that provide for resolution of all issues
- Efforts to improve the parties’ packages to obtain settlement efficiency
Characteristics of a healthy mediated conversation
The analytical approach can be used in mediation to assist parties in finding the best and most “efficient” resolution to their dispute. These concepts presume that the parties and mediator have previously completed a conflict assessment, applied interest based bargaining and improved communications.
My mediation approach
Other sources of great information on settlement & negotiation analytics:
The Art and Science of Negotiation, Howard Raiffa, Belknap Press of Harvard University Press, 1982.
Lectures on Negotiation Analysis, Howard Raiffa, Harvard Program on Negotiation, 1997.