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“Med-arb”: An Effective Tool for Resolving Disputes

The problem: You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it wouldn’t give you much say in the outcome.

Offer Your Counterpart a Graceful Retreat

Sometimes negotiators back themselves into a corner by taking a tough stance that brings talks to an impasse. In such cases, they are likely to view retreat as a sign of weakness – a surefire way of losing face. To move talks forward, you’ll need to help the other party make a graceful retreat, write Deborah M. Kolb and Judith Williams in their book Everyday Negotiation: Navigating the Hidden Agendas in Bargaining (Jossey-Bass, 2003).

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