Positions are the things we often discuss in disputes, they include statements like:
- I want more money
- I want the tree cut down
- I want my car fixed.
It is easy for people to understand a position. Often that is the end of the discussion in disputes. However, mediators will try and get parties to understand what interests underlie their positions.
Interests are the reasons, which make us ask for something. For example, your position may be ‘I want money to fix my car’, whereas your interest would be why you need the car e.g. to get to work. Or ‘I want the doctor to pay me $10,000’ which may be covering an interest in having the doctor apologise for the pain and suffering of the patient.
In litigation and arbitration, people rarely get to explore anything beyond their positions. In mediation, the mediator will focus on helping the parties to understand their interests and those of the other side.