ABSTRACT

A good mediator will use all the time available, even when one party has been left alone in a private session. If the mediator is talking to one party, the other should be left with a task to complete. Such tasks may include listing out objectives or issues and putting these in order of priority or looking at the problem from the other party’s perspective. By getting one party to argue the case from the other point of view, some understanding of the limits on an agreement may be better appreciated. Also, hidden agendas or assumptions may be revealed that would not otherwise have been noticed. Brainstorming possible solutions also can be useful for private sessions, as can use of visual representations and examining each parties BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement),2 or creating decision trees.