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Mediation & Interest-Based Negotiation

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1. Participants in Mediation often experience heightened emotions. As a mediator you will need to recognize the possibilities of expressed and unexpressed hostility. What are some guidelines for handling hostility and hostile gestures in the mediation process? (Leviton, 2004)

2. The central tenet of interest based negotiation is that negotiators should avoid positional bargaining and work on satisfying their interests. But what exactly are interests and how do they differ from positions? (Barsky, 2007)

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Solution Summary

The solution explains the counseling and conflict resolution tool of mediation and the roles of the mediator in the challenge of handling client/participant emotions (including hostility). Additionally it also discusses the interest-based actions of negotiators as a particular position in a negotiation/mediation and how it differs from other positions taken in alternative dispute resolution methods. The solution follows the APA-format. A word version is attached for easy printing. references are provided.

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Dear Student,
The questions you posed have general as well as specific answers according to the text you hinted at. Since you did not specify the actual sources you used, I have used the general agreed knowledge on the discussion from the works of the authors indicated. The solution below is concise but comprehensive. Good luck with your studies.

Sincerely,
OTA 105878/Xenia Jones

Handling Emotions & Hostility

In mediation, emotions are part and parcel of the experience. While the mediator's charge is to remain neutral, the positions and rationale behind the grievance or 'fight' of the parties in argument push the players in these parties to become attached to an idea and be highly emotional. If they cannot keep these emotions in check, the tensions can give rise to hostility, expressed or unexpressed. While the mediator is neutral, he or she acts as the 'bridge' for the purpose of finding a possible resolution to the conflict and thus comes within 'the line of fire'. It also comes to a point where the mediator feels frustration due to the difficulty of demands on both sides and the emotions and pressure he receives from either. This however is part of the reality of mediation and the following guidelines are set so as to protect the integrity of the mediation ...

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  • MA, Open University, Milton Keynes, UK
  • Certificate, Geva Ulpan (via Universita Tel Aviv)
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