The Mediation Process: Practical Strategies for Resolving Conflict Paper Example

Question #1: Identify the interests of the parties in the case:

When the parties enter into a negotiation proceeding, it is important for each party have a better understanding of the interests of each party. In regard to the case above, various interests are identified in regard to the following:

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a) Kayla

i. The Substantive Interests

This kind of interest is related to the focal issues that are under negotiation and are undeniably the issues of substance. Broadly, they are the primary reasons why the parties are in dispute. Concerning the assignment case, Kayla feels insecure because of the new public relations position that Lee is about to secure in the Smells Company. As the chairperson of the Hao Xiang Company, Kayla is tremendously concerned that Lee's defection to the new company may detrimentally affect their company as a whole, both internally and externally.

ii. Relationship Interests

The relationship interests, in this case, refer to the benefits associated with the value that Kayla places on her relations with her sister, Lee. On a broader note, Kayla demonstrates both the intrinsic and instrumental benefits in this dispute. Kayla privately feels that he has been let down by someone close to her. Besides, she thinks that she would rather have her sister back because their father had always advocated for a peaceful and harmonious home for all his children.

b) Lee

As per the case, Lee demonstrates both the substantive and related interests. Concerning the substantive benefits, she is grief-stricken regarding the whole state of affairs. Although she yearns to receive public attention and spotlight of her, Lee loves her family and has no intentions to upset Kayla or affect their familial relationships in any way.

The substantive relationship on her is however demonstrated by the tremendous interests that she has in becoming the leader of the Smells Company. She has even planned to return to Hao Xiang Company to lead to it to greater heights whenever she takes it from Kayla.

Question #2: Negative Negotiation Tactics used by Kayla and Lee

Both Kayla and Lee used the negative negotiation tactic such as the attractive unreciprocated offers concerning their state of affairs. Negative negotiation tactic is primarily demonstrated in the situation whereby the parties do not show the willingness to find a collaborative way of solving the disputes amongst themselves but show it through their personal feelings. Lee believes that there is long-term value in her relationship with her sister Kayla. Primarily, Lee desires to gain her spotlight through the leadership opportunity the Smells Company has awarded her. She also feels that it was not right for Kayla to know about her new opportunity through the social media. She is grief-stricken because of the prevailing state of affairs and Kayla's move to hear about the whole issue through the new company's social media platform. In as much as she believes that the opportunity came once in a lifetime and that her father had also told her to take advantage of the opportunities as they arise, Lee tries to negotiate through her feelings based on her feelings of love towards her family. She is remorseful but does not want to express it to Kayla directly.

Similarly, Kayla uses the personal insults and feather insulting. Notably, Kayla attempts to negotiate with her feelings as well because although she loves her sister. She uses the personal insults and feather insulting which broadly entails the personal attacks that substantially feeds insecurity and make the other party vulnerable. Kayla further belittles the alternatives that she can offer to her sister as well as inviting the unreciprocated offers when she can buy Lee's shares at only $0.20 instead of the required $4.

Question #3: Appropriate Countermeasure to Each of the Negative Negotiation Tactics Identified

Inviting unreciprocated offers tactic, the countermeasure is through leaving the deal behind and teaming up for a common agreement. As noted in the case, both Kayla and Lee attempt to use these negative negotiation technique which broadly involved suggestions of the unreasonable terms of the agreement though not directly. The move to perceive Kayla's shares as worthless and which can only be bought for 0.20$ is not appropriate and does not constitute an effective way of solving the problem. Instead, this strategy should be countered through the use of the team building for proper understanding.

Personal Insults and featuring tactic, the countermeasure is through sobering up and initiating a joint discussion or dialogue with the aim of finding a collaborative solution that suits both the parties.

For extreme demand followed by the slow concession, the countermeasure should include the invitation of a neutral person to lead the process of negotiation between Kayla and Lee concerning the underlying issues causing the disputes.

References

Fisher, R., Ury, W. and Patton, B (1991). Getting to Yes: Negotiating Agreement without Giving In. Penguin

Moore, C. W. (2014). The mediation process: Practical strategies for resolving conflict. John Wiley & Sons.

Urys, William: (1991). Getting Past No: Negotiating in Difficult Situations. Bantam