"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winnder is often the real loser -- in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good person. There will still be business enough."
The focus is effective resolution.
The styles of negotiation have often been described as competative, adversarial, cooperative, problem solving, or collaborative.
From his experience, Dan believes both the cooperative and competative styles are integral to the negotation process and both are to be used at different times depending on the circumstances of the negotation. An effective negotiator studies the various styles and strategies in order to choose the most efective negotiation style in a given case. Dan relies on intuition and the legal process, as most individuals have not been educated in negotiation theory or practice.
Mediators must be able to first recognize the theory, the styles and the tactics of negotiation in order to deal with them effectively. While avoiding judgment, a mediator uses persuasive techniques to move parties and their representatives from less effective negotiations to approaches which are more constructive. A mediator provides assistance by controlling the climate nad tenor of the process and providing an environment that increases the likelihood of an effective negotiation.