Cardozo Journal of Conflict Resolution
Abstract
So much of what we do as mediators is based on the Getting to Yes process developed for negotiators. Basing our conduct on negotiation makes sense, if you think of mediation as facilitated negotiation, but mediation is that and more. It touches on areas as diverse as risk management and return on investment and emotional aspirations and the angry desire for paybacks. The list is as complicated as the people caught up in a dispute.
This paper suggests we can make more progress in understanding how disputes settle if we look to other fields, such as sales, that have faced similar challenges in determining what makes a person effective in their field. In particular, the paper explores the discoveries of researchers at Huthwaite Incorporated in America and Huthwaite International in England on negotiation, communication, and sales-and shows how that research can be applied effectively in the mediation setting.
Disciplines
Dispute Resolution and Arbitration | Law | Law and Gender
Recommended Citation
Ava J. Abramowitz,
Why Reinvent the Wheel? Tapping Consultative Selling Research to Expand Mediator Effectiveness,
24
Cardozo J. Conflict Resol.
121
(2022).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol24/iss1/6