___You realize that negotiators, mediators, and fact-finders all actually work in some form of negotiation, which is a process of give and take, aiming at an agreement satisfactory to both parties. ___You understand that negotiation, mediation, and fact-finding are all facets of alternative dispute resolution, or ADR, which provides alternatives to going to court. ___You know that another party is unlikely to engage in any of these activities with you unless he perceives you as a peer, or as having the power to benefit or harm him. ___You prefer to use principled negotiation, the guidelines of which are: Separate the people from the problem. Focus on interests, not positions. Continue to generate options throughout the process, and encourage the other side to do the same. Insist that the agreement be based on some objective standard. What is a negotiator? ___You employ a negotiator to represent your interests in a negotiation or dispute. What is a mediator? ___You employ a mediator as a neutral facilitator to help you and the other party come to your own agreement. What is a fact-finder? ___You employ a fact-finder to determine, to the extent possible, the objective realities of a situation when the facts are in doubt or in dispute. Why would you need a negotiator, mediator, or fact-finder? You need a negotiator: ___To protect your interests. ___Because you don't have the skills to negotiate for yourself. ___Because the other party has one. ___Because you've tried negotiating yourself, and found it too difficult. You need a mediator: ___Because you want to come to your own agreement, but don't trust the other party. ___Because you want to avoid an adversary negotiation. ___Because the parties are too distrustful or agitated to be able to negotiate face to face. ___Because your negotiations have stalled or broken down, and you need help to get them back on track. ___Because the other party has requested mediation. You need a fact-finder: ___To determine the facts, because you and the other party disagree on them. ___Because you believe the other party is not forthcoming or is lying. How do you go about seeking (and finding) a negotiator, mediator, or fact-finder? ___You look for a negotiator, mediator, or fact-finder to help you settle a negotiation or dispute by consulting: The Yellow Pages. The Internet. Federal, state, and local public ADR programs. The court system. Community mediation programs. University law schools. The bar association. The American Arbitration Association and other professional associations. Individual professionals. Word of mouth. ___You persuade the other party to enter into negotiation, mediation, or fact-finding by presenting the positive aspects of the process: Mutual benefit Low cost Saving of time and trouble The opportunity to craft your own agreement The advantages over the alternatives ___You demonstrate good faith by fully sharing with the other party the choosing of an individual mediator or fact-finder and the structuring of the process. ___You persuade an authority to order or recommend ADR by: Filing a formal complaint. Seeking enforcement of existing laws and regulations. Pointing out the consequences of the failure to settle the dispute or issue in question.
