Negotiation is about getting what you want. Will any tactic do and if not what can the mediator do about it?

Audio recording: Listen to this session (75 mins) >>

Paper >>

About the session

'The Good the Bad and the Ugly' is a classic spaghetti western movie that explores how “good and bad” are perceived and if anyone can be characterised as absolutely good or bad.

In Australia there are presently many reasons for mediators to be exploring the concepts of good faith and bad faith and ugly behaviour.

• Is there a tendency in human condition when ugly behaviour is observed for conclusions to be drawn that the behaviour is motivated by evil intentions and could be bad faith?
• If behaviour is observed that complies with our societal norms, does that mean people are acting in good faith?
• Is it possible to recognise or define bad faith? Or is ugliness in the eye of the beholder?
• Does the concept of bad faith serve people in their quest to negotiate good outcomes or resolve conflict or does a focus on the analysis of the motives of others detract from the possibility of achieving remarkable outcomes?
• Are mediators the right people to be judging the motives and tactics of disputants with whom they work?
• What are the ethical dilemmas that confront mediators and participants if behaviour is unethical or even dishonest?

The session will explore these and other issues that challenge mediators, negotiators, lawyers and advisors in circumstances where there is a challenge to the sense of fair play, good faith and the ethics of negotiation.

The material to be discussed is intended to draw upon the experience of the participants to the conference so as to synthesis current thinking and identify areas for further thinking and research.   Practice at dealing with issues that may be seed as ethical or involving bad faith will assist in the development of deeper skills. Scenes from the movie may be used as analogy for some of the dilemmas that are faced every day by people seeking to negotiate outcomes from conflict or dispute, or just to negotiate a good deal.

There will be no blood or shooting, though participants may be challenged as to the hat they are wearing when dilemmas arise.

Podcast: Listen to Steve talk about this session (7 mins) >>

Steve is a keen traveller. Here he is seen at the Temples of Angkor Wat in Cambodia. In comparison to Steve in his travelling uniform the Temples look majestic!
 
Steve has two adult children Ben and Tim who are often mentioned (with their consent) in Steve's negotiation stories. There is a great chance to learn from and with our children about negotiation theory and ethics according to Steve.  And it is easier to get a release from confidentiality agreements to use the stories!
 
Steve also shares an interest with Tim and Ben in Rugby which he referees when he can find two teams that he can keep up with and last year swam a number of ocean races, including around and about the Opera House in Sydney, surviving many very close shark attacks (in his dreams).