What are the Differences between Mediation and Negotiation? by Mary Greenwood marygreenwood

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What are the Differences between Mediation and Negotiation?
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Submitted Saturday, April 19, 2008
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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, Author of How To Mediate Like A Pro and

How To Negotiate Like A Pro, Winner of six book awards.

Best How To Book, DIY Book Festival

Finalist Foreward Magazine Book of the Year

Finalist USA Books, Self-Help Category

Runnerup 2 categories, New York Book Festival

Honorable Mention, London Book Festival

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