In terms of mediation, is power-and-rights negotiation the same as positional bargaining or negotiation?

In terms of mediation, power-and-rights negotiation is not the same as positional bargaining or negotiation, but they are related concepts. Let me explain the differences between them.

1. Power-and-Rights Negotiation: Power-and-rights negotiation is an approach to negotiation that focuses on the underlying interests, needs, and values of the parties involved. It seeks to find mutually beneficial solutions by identifying common ground and creating value for all parties. This approach considers the power dynamics and the rights of each party while aiming for a cooperative and collaborative outcome.

To engage in power-and-rights negotiation, one should follow these steps:

a. Identify Interests: Understand the underlying interests and needs of all parties involved in the dispute.

b. Analyze Power Dynamics: Assess the power dynamics between the parties and understand how it impacts the negotiation process.

c. Focus on Rights: Consider the legal and moral rights of each party and ensure that they are respected in the negotiation process.

d. Seek Common Ground: Look for areas of agreement and potential trade-offs that can meet the interests of all parties.

2. Positional Bargaining or Negotiation: Positional bargaining, also known as distributive negotiation, is an approach where each party takes a specific position, often an extreme one, and tries to negotiate based on that position. The focus is primarily on dividing the available resources rather than creating value or addressing underlying interests.

To engage in positional bargaining, one should follow these steps:

a. Take Stances: Each party takes a strong position, often making initial demands that are far apart.

b. Make Concessions: Parties attempt to obtain concessions from each other, moving towards a final settlement.

c. Set Limits: Establish upper and lower limits within which the negotiation can take place.

d. Compete for Value: Parties compete for the limited resources available, leading to a win-lose outcome.

It's important to note that while power-and-rights negotiation aims for a collaborative and cooperative outcome, positional bargaining tends to be more competitive and confrontational.

In conclusion, power-and-rights negotiation emphasizes identifying underlying interests, considering power dynamics and rights, and finding mutually beneficial solutions. On the other hand, positional bargaining focuses on taking extreme positions, making concessions, and competing for a limited share of resources.