Mediation / Arbitration An Alternative to Litigation : Three Effective Negotiation Strategies
10BB AN INDEPENDENT SUPPLEMENT BY MIA MEDIA & COMMUNICATIONS GROUP TO THE SUN SENTINEL MONDAY , APRIL 23 , 2018
CAREER LEADERSHIP DEVELOPMENT
By Mary V . Davids
Have you ever ridden a wave too long ? Stayed in an industry or at a company for much longer than you thought or even wanted to stay ? It ’ s what happens when we develop an illogical belief that we are destined to get our dream position without having to strategically design it .
In her book Strategize to Win , Carla A . Harris says reinventing yourself “ suggests that you are making or creating
ARBITRATION / MEDIATION
Mediation / Arbitration An Alternative to Litigation : Three Effective Negotiation Strategies
By Stanley Zamor
“ Ultimate excellence lies not in winning every battle , but in defeating the enemy without ever fighting " — Sun Tzu .
As a mediator , I continue to study Sun Tzu ’ s the Art of War . Not because I support war or conflict , but rather because I believe that to effectuate collaborative solutions one must be prepared for multiple manners of “ warring .”
5 Genius Ways to Reposition Yourself at Work
a new person , a new individual , distancing yourself from who you are or ‘ the old you .’” But , many of are merely repositioning – moving ourselves from one position to the next .
You can design your career by choosing how to approach opportunities that come your way and learning how to leverage them , too .
1 . Say YES more often . Look beyond the position and take on the challenges no one else wants . Not only will you help alleviate one thing off your boss ’ to-do list , you will also show you are committed to the overall success of the department and the organization . Be the person who does what no one else wants to do . Trust me , it will serve you greatly .
2 . Change up your style . We know your appearance can greatly impact career opportunities . Studies show bright colors help to attract positive attention for women . For men , using bold colors on a tie , handkerchief or cufflinks is a subtle ,
The Art of War offers a great amount of wisdom that can be used in a variety of industries . As a mediator , I have observed disputants being counterproductive throughout a mediation conference because they are too focused on winning , although they both were very interested in avoiding a trial . It takes a great amount of awareness to help those achieve what they say they want without them feeling as if they gave up what they need .
Negotiation opponents often think that the only way to negotiate is to intimidate and by a show of power . There are a multitude of negotiation approaches and styles that have distinct advantages and disadvantages . There are three I have seen initially be more effective :
Reduce the Conflict : Conflict is expensive . Before you engage in a lengthy litigation matter or negotiation effort , be honest and strategize about the business of conflict . If there are a multitude of issues , try reducing them to the most yet noticeable change . The goal is to refresh your look so others can see you in a different light . Your appearance is part of your brand . A new image can renew your confidence and elevate your courage .
3 . Learn New Things . The best way to leverage yourself in the workforce is to learn something new in your industry . Getting a certification or taking a course where you can contribute that knowledge to your workplace is a good way to start adding value to your resume . Keep up to date with industry trends . Your intellectual capital is your most valuable tool .
4 . Confront what you want to correct . If you don ’ t like something about your career remember , you have the power to change it . The important thing is to specify what you want to correct about your career path and address it head on . The goal is to define what is really holding you back from your career ambitions and create a
essential points of conflict . Often , when you have a chance to narrow down the issues that need to be addressed , you narrow down the cost and time that may be incurred .
Enlarge the Pie : A rarely used technique is to creatively broaden the options of agreeable outcomes . Often , disputants only come to negotiate with limited ideas about what is owed or due to them . So , in turn they negotiate with a limited view of possible outcomes . When you negotiate from a position of having plenty of outcomes you tend to be more flexible and reach agreement easier . By “ enlarging the pie ” you create the tone that greater options are available to those with the willingness to seek greater options .
Separate the Person from the Issue : “ If it is only business , keep it that way !” Behavior during negotiation is key , and perception is everything . When parties state , “ It is just business , this is a simple case ,” I always expect more , much more . strategy specifically for that .
5 . Get a Mentor . Who you know is vital to your career success . Find out who will be in the room when it comes to making hiring or promotional decisions . Ask one of those decision makers if they would serve as your mentor or be willing to advocate on your behalf should a position become available . Ask them about their mistakes , their best decisions . Solicit their opinions about how to approach conflict or how to position yourself for promotion . You may not have access personally , but you should make it your business to ensure your name is at least part of the conversation .
The greatest mistake you can make in your career is not giving yourself permission to change the path you ’ re on to pursue what makes you happy .
Mary V . Davids is an executive career and leadership development coach , She is owner of D & M Consulting Services , LLC . For career tips and advice visit www . marydavids . com or email info @ marydavids . com .
We are all human and therefore what should be simple can easily turn into frustration and lashing out when the other side just doesn ’ t see how wrong you think they are . Be mindful of harsh negotiations turning into name-calling or personality trait bashing . To reduce the frustration and emotions , it is always better to objectively remain focused on the matter in dispute and not who is doing the negotiating .
Mediation is an artfully delicate process and should be facilitated by a professional neutral with the unique skill sets that promote collaboration , and party self-determination while encouraging negotiations .
Stanley Zamor is a Florida Supreme Court Certified Circuit / Family / County Mediator and Primary Trainer and Qualified Arbitrator . Zamor serves on several federal and state mediation / arbitration rosters and has a private mediation and ADR consulting company . He regularly lectures about a variety of topics ranging from ethics , cross-cultural issues , diversity , bullying , and family / business relationships . szamor @ effectivemediationconsultants . com www . effectivemediationconsultants . com www . LinkedIn . com / in / stanleyzamoradr ( 954 ) 261-8600