Ways To Enhance Negotiating Power In Mediation

Dear all,

Ways To Enhance Negotiating Power In Mediation
 

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you some information on negotiation in mediation.

 

Mr. Roger Fisher, a co-author of “Getting To Yes: Negotiating Agreement Without Giving In” outlined in his work “Negotiation Power” that the following 6 kinds of power, when properly recognized and utilized, can significantly enhance a party’s negotiating power.

You may therefore consider developing an understanding of these powers and utilizing them for facilitating negotiation process and improving negotiation outcome in mediation.

1^st: Power of Skill & Knowledge

Be familiar with the facts of the disputes, the issues to be negotiated, the rights and interests and the financial, businesses and the personal circumstances of the parties involved in disputes.

 

2^nd: Power of Good Relationship

Establish a well-deserved reputation for honesty and integrity. Attempt the negotiation process in good faith and frankness as gesture to avoid engaging in a hostile relationship with the other side.

 3^rd: Power of Good Alternative To Negotiation

Develop a readily alternative solution to the disputes in case the negotiations fail.

4^th: Power of Elegant Solution

 

Develop as many options as possible, creative options that work for the interests of both parties should be explored and examined.

 

5^th: Power of Legitimacy (Fairness)

 

Develop a set of standards (legal precedent, trade practice or public policy considerations) which demonstrate legitimacy/fairness of any settlement proposal, and communicate such standards to the other side in mediation.

 

6^th: Power of Commitment

 

Formulate an offer which maximize the cumulative impact of each of the above 5 sources of power.

 

Only make a negative commitment (e.g. a threat to leave the negotiation table or indication that no agreement is acceptable) as the last resort.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.