In his authoritative textbook 'The Mediation Process', Christopher W Moore sets out that in general, conflict is ripe for negotiation when the 2 parties are:
  • The primary and critical people involved in the dispute who could potentially engage in a joint problem-solving process;
  • Interdependent and must rely on the cooperation of one another to meet their goals or satisfy their interests;
  • Able to identify and agree on the major issues in dispute;
  • In a situation where their interests are not necessarily or entirely incompatible;
  • Able to influence one another and undertake or prevent actions that can either harm or reward each other;
  • Pressured by deadlines and time constraints and share a motivation for early settlement;
  • Aware that their BATNA (Best Alternatives to a Negotiated Agreement) or BATNAs, such as using an arbitrator, going to court, or using legislative action, are probably not as viable, efficient, or desirable as a bargain that they might reach themselves (Fisher and Ury, 1991; Fisher and Ury, with Patton, 2011); and/or
  • Influenced by external constraints - such as the unpredictability of a judicial decision.