CRISIS VS. NON-CRISIS NEGOTIATIONS
     
     In general, in non-crisis situations people come together with problem-solving in mind, trying to cooperate as much as possible.
     However, the closer you get to a "crisis" situation, the crazier it gets.  
Less thinking, more emotion.

A. 
     1. Context.  May occur anywhere.  Often outdoors in crisis. 

     2. Emotional Intensity.  How important is it to participants?  HT Much 
more intense than other negotiations.  Life or death.  HT may be deranged, 
highly anxious.  

     3. Laws.  Lack of formal rules governing the interaction or is it legally 
controlled.  If person is already breaking the law, official rules don't apply in a 
"crazy" situation.

B. Characteristics of good negotiators

     a. nonauthoritarian;  avoid "do as I say"
     b. effective communication skills; e.g. listening, assertiveness
     c. perceptive; astute about what's going on in situation, timing
     d. good at reading NV cues
     e. calm, not exitable, non-threatening


                   ORGANIZATIONAL BARGAINING

  *  Here groups of people typically represent parties in the dispute.  For 
example, players/owners, labor/management, Congress/Executive branch.  So 
there are teams of people negotiating.

     1. Legal restrictions on communication - carefully controlled

          a. compare to hostage-taking which is lawless

          b. everything in organizations will "stand up in a court of law"
          c. formalized procedures; contractual

          d. context will usually be indoors

          e. time frame typically expands

     2. Often a strong "win-lose" orientation   (zero-sum)

          a. the more you win, the more I lose
          b. creates obstinacy, people dig into their position
          c. often strong negative affect develops
          d. $$$$ typically involved

     3. Impact of media on negotiations

          a. things get blown out of proportion
          b. attention produces appearance of lying
          c. people may "play to the cameras" and "negotiate" in front of
          the reporters   


     4. Communication Strategies

          a. keep your eye on the ball - what's the main focus

          b. try to not let emotions rule; don't get too personal

          c. often negotiation improved if done in private & not discussed
          in public


          d. standards for group communication apply: conformity
          effects, diffusion of responsibility, etc.


                      DIVORCE MEDIATION

1. Definition/description

          a.  Alternative to traditional divorce arbitration.  In no-fault 
divorces, instead of a lawyer representing each person, a mediator represents 
and works with the couple to determine the best possible outcome.  A lawyer 
then takes the settlement to court.

     * Important distinction: In litigation/arbitration the decision is made by 
a judge.  Couple turns over control.  In mediation, they make the decisions.

          b. However, not all people are good candidates which mediation 
will help.

          c. Much depends on the skill of the mediator too.

2. POSITIVE CANDIDATES FOR DIVORCE MEDIATION

          a. equal distribution of power/resources in relationship

          b. fairly amicable divorce:  negative if they aren't talking to
          each other or if conflict level high

          c. people with a small number of disputes to resolve

          d. negative if violence or coercion in relationship

          e. couples with child custody or visitation disputes

          f. open to the idea of mediation

          g. people with more education & higher SES seem to opt for
           mediation more

3. BENEFITS OF MEDIATION

          a. Less likely to tear family apart; 

          b. creates less animosity between couples

          c. higher satisfaction with settlement

          d. may have higher compliance with agreements reached

          e. some studies show that men particularly feel more satisfied,
           closer to children, etc. after mediation rather than arbitration


4. COMMUNICATION CHARACTERISTICS OF EFFECTIVE MEDIATORS   

   *  obviously good communication skills!  But what specifics?

          a. take control of interaction, but in a positive way  - don't let it
           wander & the participants to just say anything

          b. use of restructuring: reframing participants' proposals &
      working with them.  Rather than mediator telling them what to do.

          c. good verbal and nonverbal skills - sense of timing


          d. nonthreatening behaviors