CS Professional · Arbitration, Mediation and Conciliation

Negotiation Skills and Communication: formula sheet

Full chapter guide

Key formulas

Definition of negotiation: Negotiation = direct, voluntary communication between parties + no neutral third party + outcome decided by the parties; Use these three elements in every definition answer.
Negotiation vs mediation: Negotiation: parties alone. Mediation: parties + neutral facilitator who does not decide; The mediator helps the talks but has no power to impose a result.
Negotiation vs conciliation: Conciliation: neutral conciliator may actively suggest settlement terms; The conciliator is usually more proactive than a mediator, but the parties still decide.
Negotiation vs arbitration: Arbitration: neutral tribunal decides, and the award is binding; Only arbitration (and court) imposes a decision. Negotiation never does.
Two-concern model: Style = concern for own goals + concern for the relationship; Competitive: high/low. Collaborative: high/high. Accommodating: low/high. Avoiding: low/low. Compromising: moderate/moderate.
Outcome of each style: Competitive = win-lose; Collaborative = win-win; Accommodating = lose-win; Avoiding = lose-lose or no resolution; Compromising = partial win for both; Use these labels in one line when comparing styles.
Position vs interest: Position = what a party demands; Interest = why the party demands it; Interest-based bargaining looks behind the position and seeks options that satisfy interests of both sides.
Stages of negotiation: Preparation → Opening → Bargaining → Closing; Standard four-stage sequence. Some texts add exploration or implementation. Follow the labels in the question.
BATNA: BATNA = Best Alternative To a Negotiated Agreement; Your best option if talks fail. It sets your walk-away point.
WATNA: WATNA = Worst Alternative To a Negotiated Agreement; The worst result if talks fail. Compare it with the offer on the table to judge risk.
ZOPA: ZOPA = overlap between the parties' acceptable ranges; For a seller's minimum S and a buyer's maximum B, a ZOPA exists only if B ≥ S, and the zone is S to B.
Settlement test: Accept an offer if it is better than your BATNA (after weighing WATNA and risk); A rule of thumb for decision-making, not a legal rule. Also weigh cost, time and relationship.
Paraphrasing versus reframing: Paraphrase = same meaning, neutral words; Reframe = same interest, new neutral and positive framing; A paraphrase does not change the message. A reframe removes blame and moves the talk to interests and the future.
Open versus closed questions: Open question = what / how / why (broad answer); Closed question = yes / no / specific fact; Use open questions to explore interests. Use closed questions to confirm facts or agreement.
Core active listening elements: Attend + Do not interrupt + Acknowledge + Paraphrase + Clarify + Summarise; Use this as a checklist when an exam asks you to describe active listening.
Two channels of communication: Message = Verbal (words, tone, pace) + Non-verbal (eye contact, posture, gestures, silence); Both channels must be consistent and neutral on the mediator's side.
Barrier groups: Emotional + Cognitive (bias) + Cultural/Language + Listening + Environmental/Structural; Use this as a checklist to organise any answer. It is a study framework, not a statutory list.
Answer pattern: Barrier → Effect on parties → Mediator's remedy; Write every barrier in this three-part form to score on application.
Core remedy set: Active listening + Reframing + Neutral language + Caucus + Ground rules + Interpreter; These are standard mediator techniques. The mediator facilitates and does not impose a solution.
Position vs interest: Positions = what a party demands; Interests = why the party wants it; Many barriers fall away when the discussion shifts to interests.

Quick revision

Negotiation is a voluntary, flexible process where the parties themselves try to reach an agreement, without a third party deciding.
In mediation a neutral third party assists the negotiation but does not impose a decision.
A position is what a party says it wants. An interest is why it wants it.
Interest-based approaches look for solutions that serve both sides' underlying needs.
Competitive styles aim to win; cooperative styles aim for mutual gain. Name the style from the behaviour in the facts.
Preparation comes first: know your goals, alternatives and limits before you start.
Stages move from preparation and opening, through exchange and bargaining, to closing and recording the agreement.
Active listening means paying attention, not interrupting, and checking understanding.
Reframing restates a heated remark in neutral language focused on the issue.
Open questions draw out information; closed questions confirm facts.
Neutral tone and body language support the mediator's impartiality.
Barriers include emotions, mistrust, language differences, assumptions, poor listening and cultural differences. Always give a remedy.

Common mistakes

Saying a negotiator is a neutral third party. Fix: Remember that in negotiation the parties or their own representatives talk. A neutral is never part of pure negotiation.
Treating negotiation as the same as mediation. Fix: State the difference first: mediation has a neutral facilitator, negotiation does not.
Treating compromising and collaborating as the same. Fix: In compromise each side gives up part of its goal. In collaboration the parties look for a solution that meets the real needs of both, so little need be given up.
Confusing accommodating with avoiding. Fix: The accommodating party engages and yields to keep the relationship. The avoiding party does not engage at all and delays or withdraws.
Treating BATNA and WATNA as the same thing. Fix: Remember best versus worst. BATNA is your walk-away option. WATNA is the risk of no deal.
Saying ZOPA exists whenever both parties want a deal. Fix: Check the numbers. A ZOPA exists only if the buyer's maximum is at least the seller's minimum.
Treating paraphrasing and reframing as the same thing. Fix: Say that paraphrasing keeps the meaning and tone neutral, while reframing changes the framing from blame to interest and future.
Giving a reframe that adds the mediator's opinion or takes a side. Fix: Keep the party's underlying interest intact. Only remove accusatory words and do not add new content.
Listing barriers without remedies Fix: Always pair each barrier with a mediator technique.
Treating the mediator as a decision-maker who orders parties to behave Fix: Use facilitative words: encourages, reframes, clarifies, suggests ground rules. The parties decide the outcome.

Exam tips

Always begin a comparison answer with the role of the third party. Examiners look for that point first.
Write distinctions as paired points: who decides, whether a neutral is present, binding effect, formality, confidentiality.
For case-style questions, state the facts that show absence or presence of a neutral, then conclude.
Keep definition answers to three elements: voluntary, direct, no neutral. Add characteristics after.
Do not cite section numbers for negotiation. It has no governing statute, so say so if asked.
Write each style with its two concerns and its outcome. This earns easy marks and shows clear understanding.
In case questions, quote the party's conduct before naming the style. Examiners reward analysis over definition.
For 'distinguish' questions, give points side by side in bullet form on basis such as focus, outcome, relationship and flexibility.