Interests, Rights, and Power (often referred to as the “IRP” framework) is a concept introduced by William L. Ury, Jeanne M. Brett, and Stephen Goldberg in their influential book “Getting Disputes Resolved”, and supported by subsequent empirical research by Brett, Shapiro, and Lytle (1998). The IRP framework is a way of understanding the three fundamental dimensions of negotiation and conflict resolution, based on the premise of balancing interests and determining who is right and who has more power.

“Six Thinking Hats” is a problem-solving system developed by Dr. Edward de Bono based on the premise that the brain can analyze and solve problems with six different approaches: objective, creative, subjectively negative, subjectively positive, process
oriented, and instinctive. Applied as a tool for mediators, it helps to enhance the options-generation process that takes place during the Validate Options phase and before a particular settlement option is evaluated or developed.

Decision trees and risk analysis in mediation is an analytical tool that visually represents the various options and potential outcomes available to disputing parties, allowing them to assess risks (e.g., costs of litigation) and rewards (e.g., potential settlement amounts) associated with different decisions. They are a visual representation of the options available to the parties, helping them to better understand the consequences of their choices.

The Prisoner’s Dilemma, originally formulated by Merrill Flood  and Melvin Dresher in 1950 and formalized by Albert W. Tucker, refers to the notion of why two otherwise perfectly rational individuals may fail to cooperate, even when it appears to be in the best interests of both parties to do so. Its application offers the mediator an opportunity to gain valuable insights into the challenges and opportunities present in the process and to use them to encourage cooperation, build trust, and facilitate mutually beneficial agreements, even when parties initially perceive themselves to be in a competitive or adversarial situation.

Robert Cialdini’s Principles of Persuasion, outlined in his book “Influence: The Psychology of Persuasion” are powerful techniques that can be used in mediation to facilitate communication, build consensus, and reach agreements. These principles are based on psychological and social science research and can help mediators and negotiators to influence parties in a positive and ethical way.