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CS Professional · Arbitration, Mediation and Conciliation · Negotiation Skills and Communication

In a mediation between a Chennai software vendor and its client over a delayed payment, the vendor says it must be paid in full within 7 days. The mediator asks why 7 days matters, and learns the vendor needs cash to pay salaries on the 10th. The client can pay in two instalments before the 10th. The mediator's question was aimed at separating which two concepts?

The mediator was separating positions from interests. The vendor's stated demand of full payment in 7 days was a position, while the real interest was cash for salaries on the 10th. Exposing the interest allowed a workable instalment option that served both sides.

  1. APositions from interestsCorrect
  2. BFacts from law
  3. COffers from counter-offers
  4. DParties from their advisers

Explanation

The demand for full payment in 7 days is the position; the need to meet salaries is the underlying interest. Uncovering the interest opened an option (instalments) that satisfies both. The question did not deal with law, offer sequencing or advisers.

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