Alternative dispute resolution DB Questions Aug 2017 (2).docx - DQ Week 1 Select one of the 7 elements of negotiation Discuss it in detail Include in

Alternative dispute resolution DB Questions Aug 2017 (2).docx

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DQ Week 1 Select one of the 7 elements of negotiation. Discuss it in detail. Include in your discussion a real life example of your chosen element. I would like to discuss the Interest aspect of negotiation. According to (Moffitt, Bordone 2005), Interest is defines as a party’s basic needs, wants, and motivations. An example of interest given was a negotiator seeking to settle a dispute might care about getting enough money to cover expenses, not setting a bad precedent, and getting the negotiation over with before leaving for vacation. Interest is the fundamental drivers of negotiation. An example of interest would be say two men in an office. One is cold and one is hot. One wants a window opened for fresh air and the other wants to avoid a draft after getting over a cold. The reasoning for both are their interest or why they have a dispute. Consider the 4 critiques to the problem-solving approach to negotiation. Are they valid critiques of the process? Why or why not? Do you think any of the 4 should prevent someone from using the problem-solving approach? Explain. I would say all 4 are valid critiques. In negotiation, there will never be a perfect outcome or solution. With the human element, and various situations agendas, styles, cultures, and so on. This makes negotiations hard and sometimes cumbersome. Emotional intelligence should not be ignored, and factors of interest should be learned, understood in all parties involved. I don’t believe any of the critiques should prevent anyone from using the problem solving approach. I believe there is always common ground to be found between opposing sides. And, in in the end, I believe it’s all about understanding the interest of the sides. From there maybe it goes on faith in the process. Once both sides realize the benefit cost ratio, it is worth the exercise of negotiation. (Moffitt, Bordone 2005)
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DQ Week 2 There are 3 major forms or styles of mediation used by practitioners: Facilitative, Transformative, and Evaluative. Do some research on 2 forms and compare/contrast them. In Facilitative, the mediator structures a process to assist the parties in reaching a mutually agreeable resolution. Transformative is based on the values of "empowerment" of each of the parties as much as possible, and "recognition" by each of the parties of the other parties' needs, interests, values and points of view. (Zumeta, n.d.) Evaluative mediation is a process modeled on settlement conferences held by judges. (Zumeta, n.d.) What are the key differences? Detractors say that facilitative and transformative mediation takes too long, and too often ends without agreement. Are there any similarities? Facilitative and transformative mediation seem to give parties more of an involved role. Does one seem to assist parties more than another? I believe all three styles are and can be very useful depending on the setting and how applied.
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