Getting to Yes: A Mediator's Perspective
This presentation explores how mediators apply principles from the classic negotiation book "Getting to Yes." While negotiators advocate for specific interests, mediators facilitate mutually beneficial outcomes as neutral third parties.

by steven corn

Getting To Yes
"Getting to Yes" is one of the most widely read books about negotiating. Its main points are:
  • Separate the People from the Problem
  • Focus on Interests, Not Positions
  • Invent Options for Mutual Gain
  • Use Objective Criteria
  • Know Your BATNA (Best Alternative to a Negotiated Agreement)
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from Getting To Yes:
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The Mediator's Unique Role
A mediator and a negotiator use the book's five lessons differently because a mediator acts as a neutral third party facilitating discussions, while a negotiator advocates for their own or their client's interests.
While negotiators often calculate their "best alternative to a negotiated agreement" (BATNA) to strengthen their position, mediators help all parties realistically assess their alternatives. This balanced reality-testing encourages reasonable expectations and openness to compromise, ultimately leading to more durable and satisfactory agreements for everyone involved.
Here's how a mediator would apply the principles differently than a negotiator:
Separate the People from the Problem
The Mediator's Approach
Mediators help both sides manage emotions effectively. They encourage seeing each other as partners, not adversaries. Active listening and reframing techniques defuse tensions.
The Negotiator's Approach
Negotiators manage their own emotions carefully. They build rapport strategically. Their goal is fostering cooperation for personal advantage.
Focus on Interests, Not Positions
Mediators
Asks open-ended questions to uncover the true needs and concerns of both parties. Encourages transparency and helps reframe rigid demands into flexible discussions about underlying interests.
Negotiators
Identifies the other party's interests to craft proposals that meet their own needs while appealing to the other side.
Invent Options for Mutual Gain
Mediators
Facilitates brainstorming sessions, helping parties explore creative solutions. Encourages thinking beyond zero-sum outcomes. Creates an environment where all ideas are welcomed without immediate judgment. Helps parties identify common ground and build upon shared interests.
Negotiators
Proposes solutions that maximize their own benefit while appearing reasonable to the other side. Prepares multiple options in advance to demonstrate flexibility. Strategically introduces alternatives that address key interests of the other party.
Use Objective Criteria
Mediators
Guides both sides to agree on fair, independent standards (e.g., market rates, industry norms) to resolve impasses. Ensures neither side feels unfairly treated.
Negotiators
Uses objective criteria to justify their position and persuade the other party to accept terms in their favor.
Know Your BATNA (*)
Mediators
Helps each side realistically assess their alternatives if no agreement is reached. Encourages fair assessments without pushing either party toward a particular outcome.
Negotiators
Strengthens their own BATNA to enhance leverage, while assessing the other party’s BATNA to strategize accordingly.
(*) Best Alternative to a Negotiated Settlement
In A Nutshell…
  • A mediator applies these lessons to facilitate a fair and mutually acceptable agreement between disputing parties.
  • A negotiator applies these lessons to win the best possible deal for themselves or their client.
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