Commercial Mediation Part II: Negotiation Theory, Skills, and Communication

If information is the currency of negotiation, communication is the highway by which it travels. Effective communication involves not only giving and receiving essential information, but also doing so in a manner conducive to  building understanding and engendering constructive dealmaking. The Mediator models effective communication skills and facilitates helpful communication among all participants in the process.

Part II of Mr. Baum's eight-part Commercial Mediation course applies lessons learned from joint mutual gains bargaining theory. Fisher and Ury advise negotiators to be "soft on the people," in order to build trust, steer clear of entangling relationships in the bargaining process, and mitigate the rancor that can develop where there are disputes. This approach lays the groundwork for identification of the issues, development of parties interests, generation of options to meet those interests, and consideration of applicable standards and of the alternative to proposed deals. All of these activities depend on effective communication.  

Part II examines forms of communication that trigger discord and those that promote concord. We develop skills in "Active Listening" - learning to validate, empathize, clarify and summarize. We also gain clarity on the essential skills of reflection back, restating, reframing, looping, and "appreciative inquiry" - all of which are designed to cultivate rich and significant communications, develop understanding, and dig for interests and other building block of deals.

Learning Objectives

1. Understand the importance and role of communication in light of Negotiation Theory
2. Distinguish "Chips" and "Chops" - language that inhibits or encourages communication and deal making
3. Cultivate active listening 
   1. Validate
   2. Empathize
   3. Clarify
   4. Summarize
      
4. Develop skills in and understanding of: Reflection, Restating, Reframing, Looping and Appreciative Inquiry
5. Modulate parties' communication to foster constructive dialogue and dealmaking