Mediating & Negotiating

GenderVictoria

Pynchon J.D., LL.MUCLA Mediation

Course Summer 2012

Analytic Emotional

Positions Interests

Self-interested Nurturing

Competitive Cooperative/relational

Direct Indirect

Hierarchical Non-hierarchal

High sense of entitlement Low Sense of Entitlement

More inclined to boast Underplays achievements

Dominant Submissive

Stereotype threat - anxiety in situation where you believe you might confirm a negative stereotype

about your social group.

Gender Blow Back

• see the big picture • work through steps • share experiences • learn what both

sides could gain• focus on what both

sides need • attempt to satisfy

both parties needs

Bargaining Advantages

BARGAININGDISADVANTAGES

• Value relationship over money• Don’t like anchoring high• Afraid asking for too much will

make bargaining partner withdraw

• Work faster and longer for same benefit

• Don’t recognize the opportunity to negotiate

Bargaining Advantages

• feel advantage• feel entitled • less likely to back down• view negotiation from

more self-serving perspective

• stronger speakers• seek more power• intimidate

Bargaining Disadvantages

• Little inquiry into partner’s needs/desires

• Tends to move quickly toward threat

• Won’t share information• Doesn’t believe win-win

possible or desirable

Corporations are people, my

friend

Narrative views all events as taking place within and

being shaped or influenced by larger cultural

stories.

• Influence outcome by giving more legitimacy to certain stories than others

• Emphasize certain concerns and aspects of the parties’ stories than others

• Interpret what is being said based on own attitudes, beliefs and experiences

• Marginalize one party’s story by how it is reframed

• Invite or discourage one party from– developing story more

than the other– Contradicting other’s story

more

Mediators preserve, delete or

transform the parties conflict story

by how they formulate, describe,

explain, characterize,

expand, translate, differentiate, summarize,

acknowledge, validate, legitimize and delegitimize

what is said during the mediation.

Behind every accusation is a cry for help