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The Need for a Process of Problem‐Solving

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Sometimes, negotiators, charged with resolving a conflict, skip steps to announce “their” solutions without having set up an extensive inventory of problems and needs of “the other.” The result is suboptimal if compared to the solution that negotiators could obtain if they had followed a methodical process of problem‐solving:

 Description of facts, while comparing the versions of each party

 Understanding the motivations, needs, interests, and constraints of each party

 Invention of all possible solutions in response to the needs of one another

 Considering the involved parties and contexts

 Finally selecting a balanced solution among all possible options, which is justified and takes everyone's needs into account as much as possible

It remains difficult for negotiators to split themselves in two: to know how to negotiate the resolution of a problem on one's behalf and, at the same time, to structure the exchanges in anticipation of such a resolution. Thus, an additional justification favors mediation: it stems from an already evoked “division of labor.” On the one hand, negotiators are in charge of the substance, and on the other hand, mediators are in charge of the process and its successive phases (see Chapters 5 to 7).

Mediation

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