Mediation

Question 0

What is the hostile mediator bias?

Answer 0

Both parties report that the mediator was unfair and predisposed to the other party

Question 1

When should you mediate?

Answer 1

Avoid if at all possible, but mediate when (SEC):

1) parties can’t communicate or find bargaining zone
2) party needs to save face
3) you have expertise

Question 2

What is Hobson’s Choice?

Answer 2

Take it or leave it – should avoid in negotiations

Question 3

What is reactive devaluation?

Answer 3

Similar to winner’s curse; as soon as someone gets it they won’t value it as much; should have parties self-choose

Question 4

What is aggregation bias?

Answer 4

We aggregate metrics together and forget the costs associated with alternatives (e.g. 9-9-9 vs. 10-4-2, 4-10-2, 2-4-10)

Question 5

What are some mediation tips?

Answer 5

FOMM:
Facilitate Communication (pose open-ended questions, acknowledge emotions, reframe subjective to objective) - PAR
Overcome barriers (let them vent, identify common ground, small wins, avoid reactive devaluation) - VISA
Modify physical & social structure (neutral site, gag order, time limits) - GNT
Modify issue structure (identify issues, separate issues, diffuse aggregation bias, bring in new issues) - ISDN

Question 6

What is the goal of mediation?

Answer 6

To facilitate the understanding of individual perspectives (perspective taking)
Every asshole has a reason

Question 7

How do you facilitate perspective taking?

Answer 7

DUGO

• Decrease distance (role overlap, interdependence)
• Unpack contributions (clarify specific individual contributions & constraints)
• Get parties past stating their positions/frustrations and get them to explain “why”
• Outline pros & cons of their positions