Ethics – Mediation and Negotiation

Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The term ethics derives from Ancient Greek ἠθικός (ethikos), from ἦθος (ethos), meaning 'habit, custom'. The branch of philosophy axiology comprises the sub-branches of ethics and aesthetics, each concerned with values.

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do... .").

Negotiation comes from the Latin neg (no) and otsia (leisure) referring to businessmen who, unlike the patricians, had no leisure time in their industriousness; it held the meaning of business (le négoce in French) until the 17th century when it took on the diplomatic connotation as a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues. Thus, negotiation is a process of combining divergent positions into a joint agreement under a decision rule of unanimity.