Civil Engineering Reference
In-Depth Information
sound. Any business brings together people from different cultures, and
of different education, gender, age and profession. Already a situation
ripe for misunderstanding. Add to that the dimensions of nationality,
language and beliefs, together with different, or no, legal systems and
varying attitudes to the law, and the barriers to achieving the best deals
are numerous. The idea is that the deal mediator, someone with a clear
mind and with no vested interest in the outcome, can turn stranger-
negotiators into effective collaborators with the shared aim of achieving
a deal that is best for both/all parties.
10.1.2
What does the deal mediator do?
As with dispute mediation, the deal mediator manages a process and
develops an atmosphere of trust so that the parties will share sensitive
information and know that it will not be used to their disadvantage.
The framework is often identical to that of dispute mediation - a series
of private and joint meetings, although they may well be spread over a
much longer period and involve a changing group of people. The deal
mediator will be able to achieve the following:
Obtain agreement on the desired 'headline' (and write it up as the
touch-point for future discussions). This should happen in any nego-
tiation. It ensures that the negotiations start with a point of agreement
and that the parties are focused on the same purpose. It may seem
elementary, but many negotiations have failed because parties have
different goals and are negotiating in ignorance of the other's needs
and objectives.
Be a cushion for differing negotiating styles, so reducing the chances
of breakdown or deadlock arising from cultural or other misunder-
standing.
Foster effective communication and understanding, particularly
by ensuring that assumptions are checked out and differences,
particularly cultural differences, are explained, understood and
valued.
Focus on parties needs and interests. As in dispute mediation, the
aim should be to meet the parties' needs so that everyone can say
'Yes' to the deal.
Help parties distance themselves from emotional attachment to is-
sues or principles. A common mediation statement is 'separating the
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