Mediator Tips

Responding to Negotiation Tactics

Last week the most common negotiation tactics were presented along with a short description of what each meant. Though most people going through a mediation aren’t trained as negotiators and don’t know those tactics by name, everyone practices these tricks at some point or another. Imagine a kid who wants to stay up past his or her bedtime. He or she may use the “stalling” tactic by refusing to go to bed willingly until the adult watching him or her makes a concession (letting the child watch one last TV show, giving them extra dessert, etc.). As we all grow up we learn what actions engender desirable results and incorporate them into our behavior. Once these tactics are realized for what they are, however, the mediator can take constructive action to keep them from impeding an agreement.

When a mediator sees one of the common negotiation tactics being used, he or she should identify it in order to remain patient and self-controlled. Parties in mediation use these tactics to elicit some kind of response, forcing the other party into an awkward position by having to reveal something or change their position. To keep from becoming a victim of such a tactic the mediator must remain calm and neutral. If one person uses the “flinch” tactic the mediator should refrain from flinching as well. Instead, probe into what made the party flinch and the interests behind that.

Another way to offset the effect of these tactics is to use your knowledge of them to prevent them from having a devastating impact. At different points in the mediation process certain tactics can have a negligible effect while at other points that same tactic could bring the mediation to a halt. If you know that a threat at some part of the mediation could put an end to any further talking, take advantage of this knowledge to keep the parties in a stance that prevents the opportunities for threats from emerging (perhaps by strictly limiting talking back and forth between parties instead of talking to the mediator). If it is very important, you may even want to talk to the parties in a caucus to point out the effect a threat could have.

As with most things relating to human interactions, only very general rules can be divined. More often than not, deciding your actions requires understanding the context in which the interaction is occurring. Keeping the negotiation tactics in mind, and how you can respond to them, will help you gain a better understanding of the context of the mediation, hopefully increasing your chances of reaching an agreement.

Information about common negotiation tactics and possible mediator responses comes from Norman Page in his article "Mediation: What Should a Mediator Know?"