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Mediating &
Negotiating
 Gender
                                Victoria
                               Pynchon
                               J.D., LL.M
              UCLA Mediation
              Course Summer
                   2012
Analytic                    Emotional
Positions                   Interests
Self-interested             Nurturing
Competitive                 Cooperative/relational
Direct                      Indirect
Hierarchical                Non-hierarchal
High sense of entitlement   Low Sense of Entitlement
More inclined to boast      Underplays achievements
Dominant                    Submissive
Stereotype threat - anxiety in situation where you
 believe you might confirm a negative stereotype
             about your social group.
Gender Blow Back
• see the big picture
• work through steps
• share experiences
• learn what both
  sides could gain      Bargaining
• focus on what both
  sides need            Advantages
• attempt to satisfy
  both parties needs
BARGAINING
DISADVANTAGES

       • Value relationship over money
       • Don’t like anchoring high
       • Afraid asking for too much will
         make bargaining partner
         withdraw
       • Work faster and longer for same
         benefit
       • Don’t recognize the opportunity
         to negotiate
• feel advantage
• feel entitled              Bargaining
                             Advantages
• less likely to back down
• view negotiation from
  more self-serving
  perspective
• stronger speakers
• seek more power
• intimidate
Bargaining    • Little inquiry into
Disadvantages     partner’s needs/desires
                • Tends to move quickly
                  toward threat
                • Won’t share
                  information
                • Doesn’t believe win-
                  win possible or
                  desirable
Corporations
                   are people, my
                        friend



Narrative views
  all events as
  taking place
   within and
being shaped or
 influenced by
 larger cultural
     stories.
• Influence outcome by giving
  more legitimacy to certain
  stories than others
• Emphasize certain
  concerns and aspects of the
  parties’ stories than others
• Interpret what is being said
  based on own attitudes,
  beliefs and experiences
• Marginalize one party’s
  story by how it is reframed
• Invite or discourage one
  party from
   – developing story more
      than the other
   – Contradicting other’s
      story more
Mediators preserve,
delete or transform the
parties conflict story by
  how they formulate,
   describe, explain,
 characterize, expand,
translate, differentiate,
      summarize,
acknowledge, validate,
     legitimize and
  delegitimize what is
Behind every accusation is a cry for help

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Mediating and Negotiating Gender

  • 1. Mediating & Negotiating Gender Victoria Pynchon J.D., LL.M UCLA Mediation Course Summer 2012
  • 2. Analytic Emotional Positions Interests Self-interested Nurturing Competitive Cooperative/relational Direct Indirect Hierarchical Non-hierarchal High sense of entitlement Low Sense of Entitlement More inclined to boast Underplays achievements Dominant Submissive
  • 3. Stereotype threat - anxiety in situation where you believe you might confirm a negative stereotype about your social group.
  • 5. • see the big picture • work through steps • share experiences • learn what both sides could gain Bargaining • focus on what both sides need Advantages • attempt to satisfy both parties needs
  • 6. BARGAINING DISADVANTAGES • Value relationship over money • Don’t like anchoring high • Afraid asking for too much will make bargaining partner withdraw • Work faster and longer for same benefit • Don’t recognize the opportunity to negotiate
  • 7. • feel advantage • feel entitled Bargaining Advantages • less likely to back down • view negotiation from more self-serving perspective • stronger speakers • seek more power • intimidate
  • 8. Bargaining • Little inquiry into Disadvantages partner’s needs/desires • Tends to move quickly toward threat • Won’t share information • Doesn’t believe win- win possible or desirable
  • 9. Corporations are people, my friend Narrative views all events as taking place within and being shaped or influenced by larger cultural stories.
  • 10.
  • 11.
  • 12. • Influence outcome by giving more legitimacy to certain stories than others • Emphasize certain concerns and aspects of the parties’ stories than others • Interpret what is being said based on own attitudes, beliefs and experiences • Marginalize one party’s story by how it is reframed • Invite or discourage one party from – developing story more than the other – Contradicting other’s story more
  • 13. Mediators preserve, delete or transform the parties conflict story by how they formulate, describe, explain, characterize, expand, translate, differentiate, summarize, acknowledge, validate, legitimize and delegitimize what is
  • 14. Behind every accusation is a cry for help