What are the Differences between Mediation and Negotiation?
Posted: Saturday, April 19, 2008
by Mary Greenwood
marygreenwood
Negotiation: The parties agree to work with each other to resolve a dispute.
Mediation: The parties agree to work with a facilitator or mediator to resolve a dispute.
Negotiation: The parties always meet with each other.
Mediation: A mediator may meet with both parties jointly or meet individually with one party which is called a caucus.
Mediation: The mediator has no decision-making authority and cannot bind the parties. A mediator does not make a ruling like a judge or arbitrator.
Negotiation: The parties have their own interests in the negotiation.
Mediation: The mediator is neutral and impartial and does not represent either party's interests.
Negotiation: The parties use persuasion to get the other side to agree with them
Mediation: The mediator may play devil's advocate or give a reality check to the parties, but it is not the mediator's role to persuade the parties.
Negotiation: Some negotiations fail because the parties cannot work with each other.
Mediation: A mediator may be used because the parties prefer a third party.
Negotiation: Some negotiations fail because the parties have too many conflicts.
Mediation: A mediator may be able to defuse conflicts or disagreements.
Negotiation: Some negotiations are not voluntary such as union negotiations.
Mediation: Mediation is voluntary and either party may choose to stop at any time.
Negotiation: When the parties can't agree, they reach a deadlock or impasse .
Mediation: When negotiations reach an impasse, the parties may try mediation .
Arbitration: When mediation reaches an impasse, the parties may try arbitration.
Mary Greenwood, Author of How To Mediate Like A Pro and
How To Negotiate Like A Pro, Winner of six book awards.
Best How To Book, DIY Book Festival
Finalist Foreward Magazine Book of the Year
Finalist USA Books, Self-Help Category
Runnerup 2 categories, New York Book Festival
Honorable Mention, London Book Festival
www.marygreenwood.com
available www.amazon.com
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Top-level comments on this article: (1 total)Good outline of the differences--it would help to know which kinds of situations are better suited for one or the other.
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