SOCIAL MEDIA

MEDIATION/ARBITRATION Techniques That Work When Negotiating Online

BY STANLEY ZAMOR

Editor’s Note: The following is Part 3 of a three-part series.

The sound of a notification from my Samsung smartwatch and cellular woke me. I must admit, I was a bit annoyed, knowing I had at least 15 more minutes of rest before my alarm. But then I smiled as I noticed it was a text from a mediation party from the day before (the Plaintiff). It simply said, “Thank you. We were able to figure something out. And it was the first time we actually spoke in months…”

I got up to start my morning routine. Twenty minutes later I received another text notification. But this time it was from the Defendant. The message stated, “Thank you,” and asked if I would change my Mediation Disposition Report to indicate the matter was fully settled. “Yes,” I replied. I then stated that I would confirm with their lawyers by the end of the day as my report was not yet filed.

This case ended in an impasse (no agreement) one day prior and yet, as we ended the mediation, I encouraged one last joint session where I went through the benefits of continued dialogue and that mediation provided a model for better communication. They did and found a solution that worked for them.

Techniques that Work

Part 1 and 2 in this series discussed the various aspects of how to have an online negotiation meeting. This third and last installment offers a limited number of techniques that have shown to be effective when negotiating using online platforms. This is not a full or exhaustive list, but rather a top 3 of 12 techniques that have worked best for me (and other professional neutrals):

1) Schedule Pre-Conference Meetings

Have individual pre-conference meetings before the negotiation session. Try not to go over case specifics or document exchange issues, but rather what has the communication been like. You can then gauge your opening session to address such concerns.

2) Hold a Concise Orientation/ Opening Session to Build Trust

If you want negotiating parties to better communicate, they must feel comfortable with the process. Having a joint orientation/opening session where you preemptively discuss anxieties and apprehensions to transparent negotiations usually has the effect of reducing the barriers of communication. 3) Create Ground Rules - Managing expectations while building perspectives is a major part of successful negotiations. Having the parties create their own ground rules can encourage creativity and respect for adverse positions. Ask, “Other than allowing for uninterrupted time when each other speaks, what other rules should we come up with?”

Stanley Zamor is a Florida Supreme Court Certified Circuit/Family/County Mediator & Primary Trainer and Qualified Arbitrator. Zamor serves on several federal and state mediation/ arbitration rosters and mediates with the ATD (Agree2Disagree) Mediation & Arbitration, PA throughout Florida. As an ADR consultant he regularly lectures on a variety of topics from ethics, crosscultural issues, diversity, bullying, and Family/Business relationships.

szamor@effectivemediationconsultants. com; www.effectivemediationconsultants. com; www.LinkedIn.com/in/ stanleyzamoradr (954) 261-8600

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