Alternative ways to resolve a conflict


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What's the Difference Between a Negotiation, Arbitration, and Mediation?

Negotiation. Involves two or more partiesThe seller accuses the buyer of damaging the
who are engaged in direct discussions withcar himself. Instead of dealing with the
each other in a concerted effort of reachingmatter in court, which can be both costly and
an agreement. Both parties use persuasiontime-consuming for both parties, they instead
and influence to get the other party to seeagree to hire a mediator and work out their
things their way.Example: A buyer andsituation out of court. A couple
a salesman are negotiating a price for adecide to get a divorce, but argue over who
car. A wife is negotiating with hergets what. Instead of waging legal war
husband over use of finances. Aagainst each other, they decide to work out
president is negotiating with anothertheir agreement with a divorce mediator. The
country's leader to remove missile silos thatmediator uncovers what the needs and
threaten the security of theinterests are for both the husband and wife
nation.Arbitration. This is a form ofas well as separating the emotions from the
resolving conflict that is handled outside ofproblems at hand. Two nations, on
court where both parties come before athe verge of war after failed negotiations,
neutral third-party. The neutral third-partyagree to peace-talks. Neither side trusts
is usually a lawyer and the arbitratorthe other side, so they ask for the help of a
listens to both sides and then passesneutral representative to act as mediator for
judgment on a winner and a loser in much thetheir talks. Through the mediator, both
same way as a judge does.Example: Twostake-holding countries are able to work out
employees are having issues with each other.an agreement and avoid war.© Copyright
They take these issues to the boss. The boss2006 by Tristan Loo. All rights reserved.For
hears both sides and then decides to fire oneover 10 years, Tristan Loo has inspired,
of the employees. Two siblings aremotivated, and brought success to the lives
having a fight and the mother gets involved.of the people he's touched. Successful in
The mother hears what they have to say, andhis own right, Tristan has competed
of course both siblings are pointing fingersathletically against Olympians as a
at the other side. The mother decides toworld-class gymnast, saved lives as a police
ground them both.Mediation. Similar toofficer, authored numerous Personal
negotiation, but mediation involves the useDevelopment and Interpersonal Communication
of a neutral third-party who assists thebooks and articles, and is a highly
negotiating parties in reaching an agreement.sought-after Personal Development Coach.
Mediation is used typically when directTristan is the founder of the Synergy
negotiations have failed because the mediatorInstitute, a San Diego based Personal
can separate the people from the problem muchDevelopment Firm. His philosophy of
easier than the stakeholderspassionate living and helping others fulfill
can.Example A buyer purchases a usedtheir dreams has continually been the driving
car from a seller. The car breaks down soonforce that has placed him well above the
after. The buyer demands his money back.industry standard.



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