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.
Negotiation: The parties can bind themselves in an agreement.
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, Mediator, Attorney and Author of
How To Negotiate LIke A Pro: 41 Rules for Resolving Disputes, Winner of six book awards
How To Mediate Like A Pro: 42 Rules for Mediating Disputes
Winner of five book awards
Available Amazon.com
Email: howtonegotiate@aol.com
www.marygreenwood.com
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