Chartering Terms (B)

“B”

Back to Back Charter – Contract between a charterer and a sub charterer whose terms and conditions are identical to the contract, known as the head charter, between the charterer and the shipowner. The purpose of agreeing identical terms is to ensure that any money for which the charterer may be liable to in the sub-charter, for example dispatch money, is recoverable from the shipowner.

Backfreight – Freight payable to a shipowner for the carriage of goods back to the port of loading or to another convenient port when the vessel is unable to reach the port of destination because of an excepted peril or because the consignee fails to take delivery of The goods or provide instructions for their disposal.

BAF – Bunker adjustment factor.

Bale / Bale Capacity – Total cubic capacity of a ship’s holds available for the carriage of solid cargo which is not capable of filling the spaces between the ship’s frames. It is expressed in cubic feet or cubic meters. Where a cargo is free flowing and is capable of filling the spaces between the ship’s frames, the corresponding cubic capacity is known as the grain or grain capacity.

BB – Ballast Bonus – Sum of money paid by a time charterer to a shipowner in recognition of the fact that the shipowner is unlikely to find a cargo near to the place of redelivery of the ship at the end of the period of the charter and is therefore obliged to ballast his ship elsewhere.

Baltic Mercantile & Shipping Exchange – Institution, located in London, England, also known as the Baltic Exchange or simply the Baltic, whose main function is to provide facilities for the chartering of ships by its members: chartering agents, acting on behalf of charterers, negotiate with shipbrokers who represent shipowners on the “floor” of the Baltic. Other activities include air chartering, futures trading and sale and purchase of ships.

Baltime – General purpose Time Charter Party published by BIMCO.

Bareboat Charter – The hiring or leasing of a ship for a period of time during which the shipowner provides only the ship while the charterer provides the crew together with all stores and bunkers and pays all operating costs. This type of charter is favored by persons or companies who wish to own a ship for investment purposes but who do not have the desire or expertise to operate the ship. Similarly, it is favored by persons or companies who have a particular requirement for a ship and the expertise with which to operate one but without the wish or ability to purchase. A ship hired out in this way is said to be on bareboat charter. Also referred to as a demise charter or a charter by demise.

Bareboat Charterer – Person or company who charters a ship for a period of time, provides crew, bunkers and stores and pays all operating costs. Also known as a demise charterer or charterer by demise.

Bareboat Charter-Party – Document containing the contract between the owner of a ship and the demise charter, and signed by both, in which are all the terms and conditions such as the period of the charter, the rate of hire, the trading limits and all the rights and responsibilities of the two parties. Also referred to as a demise Charter-Party.

Barecon ‘A’ – Standard bareboat Charter-Party published by BIMCO.

Barecon ‘B’ – Standard bareboat Charter-Party used for newbuildings financed by mortgage, published by BIMCO.

Base Cargo – Minimum quantity of cargo required by a shipping line to make it worthwhile to call at a particular port of loading.

Base Rate – Basic rate of freight of a shipping line or liner conference onto which are added, or on which are calculated, the various surcharges such as the currency adjustment factor or bunker surcharge.

BBB – Before Breaking Bulk – A condition of carriage that freight, or some percentage of it, becomes payable before breaking bulk (discharge of a vessel commences).

BD – Bundle.

Bearer of a Bill of Lading – Person who tenders the Bill of Lading to the ship at the place of discharge in exchange for the goods. Bills of lading are often made out to bearer.

Bends – Both Ends – At both loading and discharging ports. This term is often used together with GSAAAAB (good safe always afloat always accessible berth), with OSP (one safe port), with OSB (one safe berth) and to qualify the prices of the bunkers on delivery and redelivery in a time charter. Also used to state agency determination (ex. Carrier’s agents bends).

Berth Charter Party – Charter-Party in which a particular berth is nominated by the charterer. The time allowed for loading or discharging, as the case may be, does not start to count until the ship reaches the berth, unless berth is occupied in which case time starts counting when NOR is tendered.

Berth Standard of Average Cause – Clause in a Charter-Party setting out the contribution to be made by the charterer to any claim for loss or damage to cargo for which the shipowner is liable.

Bill of Lading to Order – Bill of Lading which requires an endorsement by a consignee before goods can be delivered to him by the carrying ship. Also called a “to order Bill of Lading.”

BIMCO (The Baltic and International Maritime Council) – Association whose main object is to promote and defend the interests of shipowners. It also has a membership of shipbrokers and has been responsible for contributing to the creation of a large number of Charter-Parties and other shipping documents.

Bimcosale – Standard bill of sale published by BIMCO, used for the purchase of ships.

B/L – Bill of Lading – Document issued by a shipowner to a shipper of goods. It serves as a receipt for the goods, evidence of the contract of carriage and document of title. As a receipt it contains the description and quantity of the goods as well as suitable notations if the goods are not in apparent good condition when received by the ship. As evidence of the contract of carriage, the Bill of Lading contains the terms and conditions of the contract or, where the contract is represented by a Charter-Party, a reference to the Charter-Party As a document of title, the “to order” Bill of Lading is used by a third party to take delivery of the goods from a ship.

Blacklist – List of countries published by a particular government which will not allow ships to trade at its ports if they have traded at ports in the countries on that list.

Blt – Built.

B/N – Booking Note – Document containing the terms and conditions of a contract between a shipper and a shipping line for the carriage of goods on a particular ship between specified ports or places.

B.N.A. – British North America.

Boffers or BO – (asking) best offers.

Book Space (to) – As a shipper or his agent, to reserve space in a ship for the carriage of certain defined goods from a place of loading to a place of discharging.

Booking – Reservation made by a shipper or his agent with a carrier for the carriage of certain defined goods between defined places.

Booking List – List of all cargo bookings for a particular sailing. It is compiled by a shipping line from lists sent in by the line’s agents responsible for taking bookings for the various ports on the ship’s itinerary.

Both to Blame Collision Clause – Clause in a Bill of Lading or charter party which stipulates that, in the event of a collision between two ships where both are at fault, the owners of the cargo must indemnify the carrying ship against any amount paid by the carrying ship to the non-carrying ship for damage to that cargo. This clause arises because, under American law, a cargo owner is not able to make any recovery from the carrier for damage resulting from negligent navigation but may instead sue the non-carrying ship which in turn seeks recovery from the carrying ship in proportion of his fault. This would render a carrier indirectly liable for a loss for which he is not directly liable to the cargo owner. The clause has, however, been held to be invalid in the American courts when incorporated with a common carrier.

Box Rate – Rate of freight per shipping container, as opposed to per ton or per cubic meter. Since a box rate is unaffected by the actual quantity loaded into the container, it is in shipper’s interest to load as much cargo as possible, subject to the maximum allowed, to effectively reduce the cost of carriage for each ton or cubic meter.

Break Bulk (to) – To commence to discharge a bulk cargo. It is sometimes a condition of carriage that freight, or some percentage of it, becomes payable on breaking bulk.

Breakbulk – Relating to cargo lifted on and off ships one piece or bundle at a time by means of cranes or derricks, as opposed to cargo shipped on trailers or in shipping containers. Such goods may be described as breakbulk cargo; the ships which carry them are sometimes referred to as breakbulk ships which are operated on a regular basis between advertised ports, provide a breakbulk service. The term breakbulk is often used to denote the opposite of containerized.

Broken stowage – Amount of unused space in a ship or a hold by virtue of the irregular shape of the cargo. For example, the space taken up by a bundle of bars of irregular length would be calculated on the basis of the longest length, as if all the bars were of that length.

Brokerage – Fee or commission payable by a shipowner to a shipbroker for successful negotiation of a charter, It is normally expressed as a percentage of the freight or hire and demurrage. Brokerage may or may not be payable, according to the terms of the Charter-Party, should the voyage or period of the charter not be completed.

B/S – Bunker Surcharge – Extra charge applied by shipping lines, or set by liner conferences on behalf of their members, to reflect fluctuations in the cost of bunkers. This surcharge is expressed either as an amount per freight ton or as a percentage of the freight. Also referred to as bunker adjustment factor (BAF), or fuel oil surcharge (FOS), or fuel adjustment factor (FAF).

BT – Berth Terms – Expression signifying that the contract of carriage is subject to the customs and conditions of the ports of loading and discharging.

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Chartering Terms (A)

“A”

AA – Always Accessible or Always Afloat – Term in Charter-Party which stipulates that the charterer must not order the ship to a port or berth where she would touch the bottom or perhaps be unavailable at any time due to tidal variations.

AAAA– Always accessible always afloat.

A/C – Account This term is used when referring to a bank account and when allocating costs, such as in the phrase “for the a/c of charterers”.

ABS – American Bureau of Shipping.

ABT – About – A conditional term used in qualifying cargo, time, bunkers or speed: when discussing cargo. “about” usually covers a margin of 5 % either way (i.e. 25,000 LT 5% more or less, at owner’s option), when referring to a period of time: usually 15 days, although each case is considered on its own merit. In connection with bunkers, “about” has been interpreted to mean 5% latitude; regarding speed, the tolerance is generally one half knot.

Accomplished Bill of Lading– Original Bill of Lading which has been surrendered to the carrying ship at the discharge port in exchange for the goods.

A/E or ACC/EXC – Accept/Except – Term used by either the ship owner’s broker or the prospective charterer’s broker during the negotiations for the charter of a ship to signify that an offer or counter-offer is accepted apart from certain clauses or details. These are then listed together with the amendments sought.

AD VAL FRT – Ad Valorem Freight – Freight calculated on the value of the goods, expressed as a percentage thereof.

ADDCOM – Address Commission – Commission payable by the ship-owner to the charterer. The reason for this system is sometimes said to be that the charterer’s shipping department for bookkeeping purposes must show some kind of income from their activities. State trading countries regularly include a 5% address commission in their orders.

Additional Demurrage – Amount of money paid to the ship-owner by the voyage charterer, shipper or receiver, as the case may be, for failing to complete loading or discharging before the agreed period of free time has expired. The daily rate of additional demurrage is agreed in the Charter-Party.

Additional Freight – Extra charge imposed in accordance with the contract of carriage by a shipping line on the shipper, receiver or Bill of Lading holder, as the case may be, for additional expenses incurred in discharging the cargo. This charge generally applies when the port stipulated in the contract is inaccessible or when the discharge there would result in unreasonable delay to the ship: under these circumstances, the shipping line may have an option under the contract of carriage to proceed to another port of discharge the cargo where extra costs may be incurred.

“Adopted” Charter -If a charter “agreed” in that way following negotiations between, for instance, BIMCO and one or more groups representing charterers is officially supported by another association of ship-owners, for instance, the Chamber of Shipping of the United Kingdom, it is stated that the Chamber of Shipping of the United Kingdom has ” adopted” the charter; or on the other hand, if BIMCO wants to support one or the other charter negotiated and “agreed” between the Chamber of Shipping of the United Kingdom and one or more groups of charterers, then it is stated that the charter has been adopted by BIMCO. Moreover, a document issued by an organization of ship-owners, for instance INTERTANKO, for use in a special trade without having actually been “agreed” with any particular group of charterers, may be adopted by BIMCO. An adopted document is compulsory for the members of the organization who have adopted it if it is an “agreed” document.

Advance Freight – Freight payable at a time agreed by the shipowner and the shipper, before the goods are delivered at the place of destination in the contract of carriage.

Advance on Freight – Money advances by the shipper to the master of a ship to pay for his disbursements while in port. It is often repaid by deduction from freight.

Affreightment – The hiring of a ship, the term may also sometimes be used to describe a contract for a series of voyages.

AG – Arabian Gulf (used when vessels are proceeding to Arabian ports). In fact Persian Gulf is correct.

Agency Clause – Clause in Charter-Party, which stipulates whether the ship’s agent at the loading and / or discharging ports are to be nominated by the ship-owner or the charterer.

Agency Fee – Fee payable by the ship-owner or ship operator to a port agent, whose duties may include arranging a berth with the port authority, ordering pilots, tugs and labor, entering the ship in at Customs and collecting freight.

“Agreed” Charter – The charter has been agreed between BIMCO (or The Chamber of Shipping of the United Kingdom or Cornite Central des Armateurs de France or other associations of ship-owners) with one ore more groups of charterers or other institutions (for instance, the Polish Coal Charter Committee, the Timber Trade Federation of the United Kingdom, the Syndicat National du Commerce Exterieur de Cereales, Paris or CMEA, Moscow). The printed conditions of an “agreed’ charter must not be altered or deleted without the express approval of the organizations who have agreed the charter, An “agreed” document is compulsory for the trade for which it is intended, e.x. the sugar trade.

AGW – All going well.

All in Rate – Freight rate which is inclusive of all surcharges and extras. This type of freight rate is to be found in the liner trade.

Anniversary Date – This refers to the hour and date the ship is delivered to the charterer and, therefore hire is paid from that date, either semi-monthly, monthly, or per 30 days, through the end of the charter period. This is especially important when negotiating for an extension, or when ‘fixing” in direct continuation.

AP – All Purposes – Time allowed in a voyage charter for loading and discharging combined, expressed as a number of days and hours. Also referred to simply as purposes.

“Approved” Charter – this is the expression used for charters – whether “agreed”, “adopted” or “recommended”.

APS – Arrival Pilot Station – Location often used as the place of delivery of a ship by the ship-owner to the charterer at the commencement of a time charter. The hire charge commences from the time of arrival unless the ship arrives prior to the first of the laydays. In such a case, the hire charge commences at the beginning of the first layday or sooner at the option of the charterer.

Arbitration Clause – Clause in a contract, such as Charter-Party, which stipulates that any dispute between the parties arising from the contract be resolved by arbitration. The clause also specifies the place where the arbitration is to be held, the number of arbitrators and their qualifications, and the procedure should one party fail to nominate an arbitrator.

Arrived Ship – Requirement of all voyage charters that the ship must have arrived before laytime can commence. Where the charterer has nominated a berth or dock, the ship must have arrived at that berth or dock. When a port is nominated, the ship must have arrived at the pod in this context in cases where there is no berth available and the ship is obliged to wait, a vessel is an “arrived ship” as soon as the following conditions have been met:
1. The vessel must have arrived at the loading or discharging berth or port as stipulated in the charter.
2. The vessel must be fully prepared to load or discharge.
3. Notice of readiness in writing, as prescribed, must have been given to shippers or consignees.
4. If berth nominated by charter is not available, then vessel can be considered “arrived” when NOR is tendered.

ASBA – Association of Ship Brokers and Agents (USA), Inc., New York.

As Agent Only – Form of words used with a signature to a Charter-Party or Bill of Lading to indicate that the party signing is doing so merely on behalf of a principal, whether is to be the master, owner or charterer of the ship, and has no rights or liabilities under the contract of carriage.

As is – In the condition in which the subject matter is. This expression is used when goods, or a ship, are offered for sale without repair or rectification.

As is, Where is – In the condition in which the subject-matter is and at the place where it is lying. This expression is used where goods or a ship, are offered for sale without repair or rectification and with delivery to the purchaser being at the place where the goods are lying.

ATS – All Time Saved: term used in a voyage charter party to define one method by which dispatch money is calculated, that is, by deducting time used for loading and/or discharging, as the case may be, from a theoretical time up to the expiry of laytime which includes excepted periods, for example a charterer may be allowed 10 days for loading. He calculates the expiry of laytime taking, account of excepted periods such as weekends, and arrives at a theoretical number of calendar days, say 15. Should he only use four laydays to load, he is entitled to II days dispatch money.

ATDN – Any Time Day or Night – Term used in a time Charter-Party to signify that the ship-owner may deliver the ship or that the charterer may redeliver the ship, as the case may be, at any time of the day or night and not necessarily during normal working hours. This term is very often followed by SHINC (Sundays and holidays included).

Average to Laytime – As a voyage charterer, to offset the time used in loading cargo against that used in discharging for the purpose of calculating demurrage or dispatch. If, for example, a charterer earns five days dispatch at the loading port but there is a period of three days demurrage at the discharging port, the charterer has a net claim for two days dispatch money.

Negotiation Terms

“A, B, C”

  • Abilene Paradox

“A concept that is based on psychologist Jerry Harvey’s research. Some people resist conflict at all costs – even if it means a lose-lose outcome for everyone involved. Groups sometimes prefer to maintain the illusion of agreement rather than to cast a dissenting voice or an opposing opinion. Personal preferences, interests, beliefs are often downplayed or buried. The paradox is that negotiators must make differences known to create ‘negotiating space.’ Negotiating space provides the opportunity for discovery that leads to better, both-win outcomes and longer term agreements.”

  • Acceptance time

People need time to accept anything new or different. Resistance to change is universal. When you enter a negotiation do not expect the other side to immediately adjust or accept your position. Both the negotiators and their respective organizations need time to accept the understanding that they may not get exactly what they want. Build acceptance time into your negotiating process.

  • Agenda

A formal agreed upon list of things to be done during the negotiation. Whoever sets and controls the agenda can many times also control what is discussed during the negotiation.

  • Agree in principal

“Formal agreements that address specific issues and obligations but are intended to be replaced by a final agreement because they do not address or resolve all of the issues being negotiated. Often used as an interim agreement to keep the talks moving, and show the resolve and commitment of the parties to continue to work towards full agreement.

  • Anchor point

Generally your first offer in a negotiation.

  • Anchoring

“Negotiators often try to introduce a reference point, or ‘Anchor,’ early in a negotiation. This reference point becomes the basis for counter offers and demands. Setting an anchor point close to your desired outcome sometimes helps modify the expectations of the other party. When an anchor is set, the other party immediately must evaluate how it impacts the probability of achieving their initial goal. Be careful when you select your anchor points and be wary if the person or group you are negotiating with attempts to anchor you.”

“Make your agreement contingent upon the other side agreeing to another, maybe unrelated issue.

  • Aspirational level

“A negotiator must be realistic, but should be optimistic, regarding what they want to achieve in a negotiation. It helps to have documented evidence that supports your aspiration level. Always set your aspirations high enough to provide you ‘room to negotiate.’ Begin negotiations with high aspirations. A high aspiration creates a contrast effect so that the other party views any following request that is less extreme to be more reasonable.

  • Association

“Also referred to as ‘Name Dropping.’ We do business with a VIP in an important company. Pictures often are displayed of someone shaking hands with important people. This behavior plays upon the human tendency of wanting to do business with people who are well connected. Common sense says that a person should disassociate from those who make it harder to reach an agreement. The tactics of disassociation are as important as those of association. Good planning requires a person to search for the right partners. A good negotiator should ask, “Will any of my associates make it harder for me to reach a favorable settlement with the other party?” If so, do something about it.”

  • Attitudinal bargaining

“Parties to a negotiation start the process with deep-rooted preconceptions about how they should act towards each other. Emotional and rational attitudes are hard to change and are generally consistent with beliefs, opinions and biases. A satisfactory negotiation cannot occur until both the parties modify their attitudes sufficiently to engage in the share-bargaining and problem-solving processes encountered in all negotiations.”

  • Auctions

Set up sellers or buyers to compete against one another. Today many companies use Internet actions.

  • Authority

Authority to make the agreement. The primary question a negotiator needs to ask is “How much authority do I want in this negotiation.”

  • BATNA

“Best alternative to a negotiated agreement. If the potential outcome of your negotiation only offers a value that is less than your BATNA, there is no point in proceeding with the negotiation. You should proceed with your BATNA.”

  • Bargaining

A distributive negotiation which generally is both competitive and positional. Many times it involves a single issue like price. One party usually tries to gain advantage over the other to gain the best possible outcome.

  • Bargaining zone

The range of outcomes where agreement is satisfactory to both parties.

  • Better Product Approach

A seller suggests a superior grade product to test how much money the buyer has to spend.

  • Big Order Approach

“When offered a price the buyer asks “What if I double the order” or, “What if I take all you have?” This sometimes helps identify the sellers true cost, or the seller’s flexibility in reducing a quoted price.”

  • Big Pot Approach

“A negotiator starts a negotiation by using a ‘big pot’ filled with numerous issues—some real and some made of straw. This accomplishes several goals: it tends to reduce the other party’s aspirations; it builds trading room into the negotiation; it demonstrates to others in their own organization that they are good negotiators; and it makes it easier for the other party to sell their own organization on the value of a reduced package. The ‘big pot’ approach gives a negotiator room to negotiate and compromise. In the absence of other concessions, it gives the other party something to take away (i.e. “Look at all the things that I got them to give up”).”

  • Black Hat (HT)-White Hat (WT)

“Black Hat (BH) – tough, unyielding. White Hat (WH) – generous, compromising. Experiments show that negotiations proceeding from BH to WH (e.g. begin with a tough stance, few early concessions, followed by larger concessions) are more effective than negotiations that flow WH to BH (e.g. begin with generous concessions and move to tough, unyielding positions). A BH/WH approach will produce more concessions from the other party because a person who has been dealing with the BH feels relieved to now be dealing with the WH. A WH to BH approach produces the opposite effect and many times leads to deadlock.”

  • Bluffing

“Asserting things that are not true. Used like the ‘Decoy’ to test the other party. Business bluffing is part of negotiating. However, standards need to be established that forbid and penalize outright lying, false claims, bribing, stealing secrets, or outright threats. Bluffing, while ethical, involves some risk. The bluffer who is called loses credibility and bluffing sometimes leads to exaggerations threaten the viability of the negotiation.”

  • Body Language

Non verbal cues into the emotional state and feelings of another person.

  • Bogey Tactic

“A buyer says, “I love to purchase your product but have only so much money to spend.” The buyer establishes an anchor, but in a friendly way that invites the seller to help solve this ‘budget’ problem. The seller, who usually knows much more about the product than the buyer, then gets involved to see if there are ways the proposed product offering can be modified so it can fit within the required budget. The negotiation moves away from a competitive affair to one of cooperation. The bogey may not necessarily lead to a lower price for the buyer, but the buyer will be better off by learning a lot more about the product offering and price flexibility than was known before the Bogey.”

  • Boomerang Effect

Using reverse psychology to get someone to agree to move from a firm position. This technique is based upon the human need to assert one’s individual freedom when it is challenged. A negotiator achieves the desired ‘reaction’ from the other party by paraphrasing their negotiating position in a way that makes it sound more extreme that it actually is; then inferring that they do not personally have the power to change their position. This negotiating approach sometimes results in a compromised position. The other party needs to prove they have the power to modify their position and that their position is not ‘fixed in stone.’

  • Both-Win Negotiations

“There are generally several dimensions and several issues at play in any negotiation. Wise negotiators explore all the issues and dimensions of a negotiation to find trade off areas and ways to enhance the ultimate agreement for all parties. Creative trade offs between the different assets, needs and preferences each party has are diligently examined to find ways to build new value. When the pie is successfully expanded, both parties leave with new value that was created purely from the process of negotiating.

  • Brainstorming

“A creativity technique generally attributed to Alex Osborn, an advertising executive in the 1950s. The goal of brainstorming is to create a pool of ideas prior to evaluating each idea. Thus the brainstorming process is a synergistic event that avoids the negative impact of critical evaluation until a number of potential solutions have been created by the group. The result is more ideas to choose from and better quality ideas. ”

  • Bulwarism

“One party to a negotiation, who is unwilling to make any but minor changes, starts the negotiation by making a final offer to the other. A take-it-or–leave-it approach.”

  • Caucus

“A temporary withdrawal from a negotiation into a private meeting where a group can discuss sensitive issues, confusing issues and changes in negotiating strategy/tactics. Sometimes used to ‘buy time’ or to let a heated negotiation ‘cool down.’ Also used when new, unexpected information is introduced into a negotiation, and time is needed to evaluate or research the new information.”

  • Change the participants

New people are introduced into the negotiation that then change the rules or modify what has already been agreed to. Can also be used to help break a Deadlock or Impasse.

  • Change the standards

Changing the benchmarks or specifications that have been used in the negotiation. This sometimes helps bring the parties closer together and can create better outcomes.

  • Cherry picking

Picking only the most profitable or most beneficial components of the negotiation and leaving the others.

  • Chicken Tactic

“When someone gives you a ‘last and final offer,’ don’t accept it at face value. Test it. It could be they are simply asking you to play ‘chicken’ to test your resolve. When you are given a last clear chance to take a final offer or risk the consequences, you are in this ‘chicken’ situation. You can usually keep talking. But not always!”

  • Circular Logrolling

Trade-offs that require each group member to offer another member a concession on one issue while receiving a concession from yet another group member on a different issue.

  • Cognitive Balance

“A psychology theory that says if I like Joe and you like Joe, we are likely to find other things we both like. This principal applies to the attitudes of people towards other persons, objects, or ideas. It also works in reverse. If I like Joe and you don’t like Joe, we will have trouble getting together on other issues.”

  • Coalition

Usually a temporary agreement between two or more individuals or groups to help them reach a common goal. Sometimes found in multi-party negotiations to help the coalition gain an advantage.

  • Collectivism Culture Negotiator

A culture rooted in social groups where the dominant motivations involve concern for the group and the importance of belonging to the group. More concerned about how actions impact the group than how it impacts themselves.

  • Collective Bargaining

“Negotiations between employers and their unions to determine wages, hours of work and other conditions of employment. Collective Bargaining usually results in a written employment contract that is put into force for a specific amount of time.”

  • Common Goals

Having a shared enemy or a shared problem can unite people and build trust. Having a common goal or a common problem dilutes the perception that the interests of the parties are completely opposed and helps establish a higher-level relationship between the parties that motivates them to agree rather than disagree.

  • Competition

“Used to lower expectations of the other party. “I can get this from your competition for $$$.” “If you don’t lower your price I need to go out to bid on this.” “Everyone else is offering option this at no extra cost.” “This is the last one available for three months, if you don’t want it I know someone who does.” Determine if you have real competition or just imaginary competition. Don’t let the party using ‘competition’ generalize with you. Ask for specifics. Do you really have ‘competition’ for your proposal?”

  • Competitive Negotiator

“Prefers to maximize the difference between their share of the pie and the portion of the pie the other party gets. Prefers to conduct the negotiation with a ‘Self-Centered’ approach, as opposed to ‘We-Centered,’ cooperative approach. Uses a distributive approach to the negotiation—how the pie is going to be split. How can I maximize my share of the pie? While every negotiation has a ‘competitive’ component, the more successful negotiators learn how to move from a competitive position into a more collaborative, cooperative posture that provides opportunities for Both-Win value creation (i.e. create a bigger pie).”

  • Compromises

Trade offs made during a negotiation that hopefully bring the parties closer to agreement and help bridge differences.

  • Concession Pattern

“Negotiators that use a consistent concession pattern sent a signal to the other side and become somewhat predictable. Reduce this risk by varying your concession pattern. Make consistently smaller and smaller concessions as the negotiation progresses. This sends the signal, “I don’t have much more to give.” Most successful negotiators are less generous and less predictable in their concessions. Experiments have indicated that negotiators who lack a thoughtful concession strategy tend to concede little during the first half of negotiation but move to large concessions later. As deadlock approaches they sometimes give huge concessions. On the other hand, skilled negotiators plan a concession strategy, have better control, do not panic at deadlocks, and generally achieve better results.”

Top 10 Tips for Responding to Reviewer and Editor Comments

It should be no surprise to anyone who submits a scientific paper for publication that the editor and several reviewers will nearly always find problems or want to see changes in the paper. It is a normal part of the path to publication. You cannot control what the reviewers say. But you can control how you respond to their comments.

So here are Top 10 Tips to help you navigate through the response process.

Click here

What is Atlas.ti 7 and how to reach it?

ATLAS.ti is a computer program used mostly, but not exclusively, in qualitative research or qualitative data analysis. The purpose of ATLAS.ti is to help researchers uncover and systematically analyze complex phenomena hidden in unstructured data (text, multimedia, geospatial). The program provides tools that let the user locate, code, and annotate findings in primary data material, to weigh and evaluate their importance, and to visualize the often complex relations between them. ATLAS.ti consolidates large volumes of documents and keeps track of all notes, annotations, codes and memos in all fields that require close study and analysis of primary material consisting of text, images, audio, video, and geo data. In addition, it provides analytical and visualization tools designed to open new interpretative views on the material.

Features overview

  • Coding of text, image, audio and video materials (interactive and automated)
  • Rich text and Rich Media support with embedded active objects (MS Excel, images, etc., incl. East Asian and Middle Eastern language)
  • Word documents via “on-the-fly” RTF conversion.
  • Full native PDF Support (original layout) without conversion
  • Google Earth Geodata Integration
  • Text-to-media Synchronization
  • On-Board Transcription Engine
  • Shared editable documents including dynamic update of all projects
  • Interactive margin area with drag & drop linking, coding, merging
  • Full margin support for audio and video data
  • Multi-document view for constant comparisons
  • On-screen coding (drag & drop)
  • Search & retrieve functions (incl. Boolean, semantic, and proximity-based operators)
  • Visual model building and “mind mapping” using the Network Editor
  • Integrated visualizations: frequency bars in entity managers
  • Cloud tag view for codes
  • Creation and navigation of hyperlinks between resources (Hypertext)
  • Searching for textual patterns through documents and model entities (Object Crawler)
  • Automatic coding (search – select – code)
  • Proximity analysis of coded data (Concurrency Explorer)
  • Project data export to XML
  • Export to SPSS, HTML, CSV
  • Creation of presentations (XML/XSLT converter including style sheets)
  • Word frequency export to Excel
  • East Asian and Middle Eastern language support
  • Single file project backup and migration.
  • Survey import

You can download the tutorial from here:

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Mediation in Action (Part 2)

Some mediators plunge right into trying to formulate a settlement in the joint session; others separate the parties and keep them separated until a settlement has been reached; others separate the parties, put them together, separate them again, and so on. Mediators also differ in how they go about helping the parties formulate potential settlements. At the one extreme is the mediator who, after hearing about the dispute, comes up with his or her own idea for a settlement based on his or her interpretation of how the dispute would be resolved by the law or contract, or what he or she thinks is fair, and tries to sell his or her proposal to the parties. At the other extreme is the mediator who, after hearing about the dispute, asks what ideas the parties have for a settlement and simply sits there until the parties have some ideas. The latter style may sound foolish, but that may be all it takes in some situations.

Many times the mediator will find that he or she is working with disputants who are extremely hostile. It is the mediator’s responsibility to control the hostility of the parties. A mediation conference is no place for verbal or physical abuse to occur, and it is the mediator’s role to establish order. If he or she cannot, then the mediator should refuse to continue mediating until the parties can control themselves. And as with all threats, the mediator should be prepared to follow through with it.

Emotional outbursts are quite common not only in interpersonal disputes that involve individual interest, such as employment termination, consumer problems, custody and family matters, but also in business problems, which may produce anger as one-on-one negotiations turn sour. This consequence is especially likely where one or more of the parties consider that their rights have been violated, they have been insulted, or that they have been subjected to cultural insensitivity. Experienced mediators recognize that some direct venting of pent-up emotions can help clear the air. For a mediator to ignore such an outburst, or to cut it off too quickly, would deny the legitimate emotional aspect of the conflict and maybe perceived as implied criticism. It is usually preferable to let it happen, not let it get out of control, acknowledge the feelings without offering any evaluations and move to the next phase. Emotional outbursts can occur for a number of reasons. Commonly they are related to the frustration of not being heard or understood, having a belief that there is not just a legal but a moral basis for a position that is being denied and being insulted.

 

Mediation in Action (Part 1)

Mediation is a process to assist parties to reach an agreement when they are in conflict. A person who is not directly involved in the conflict called “Mediator” who is brought into a dispute and has skills in communication and negotiation as well as knowledge about conflict. Unlike a judge in court a mediator has no authority to impose any result on the parties. A mediator should be impartial and has no allegiance to any of the individuals in the dispute. In addition to being called mediator, the person who assists the parties may be referred to as an “intervener”, “neutral”, or just “third party”.

Mediation is usually a voluntary procedure, and many mediators open a conference with a statement about mediation and a review of the ground rules. The Mediator begins the process by introducing him-or herself, welcoming the parties, and highlighting key aspects of the mediation process and procedure as specified below.

Content:

The Mediator’s opening will typically:

• ensure everyone at the table is properly introduced and their capacities are known

• specify the goal of reaching a mutually satisfactory solution crafted by the parties themselves

• specify the Mediator’s neutrality and role as a settlement facilitator, not as a judge/decision maker

• inform the business executives of the need for them to actively participate

• verify the authority of each business executive to agree to settlement terms on behalf of their respective organizations without having to refer back to higher authorities

• explain the procedures to be used including a joint and private sessions

• explain the Mediator’s expectation of frank discussion by everyone

• explain the confidentiality associated with the mediation process

• ask if the participants have any questions about the process.

Goals

This simple introductory rite achieves a number of goals. In laying out these points, the Mediator:

1. Starts building a trusting relationship with each of the parties by being balanced, no positional, open, honest, competent and positive;

2. Educates by explaining mediation goals and procedures. The Mediator prepares business executives, who may be unfamiliar with the process, for what will occur in order to avoid surprises; the key point that the Mediator makes is that “I am not a judge, and I am not an arbitrator. So, actually, you are negotiating and I don’t decide anything;”

3. Demonstrates competence by showing command of the process and neutrality regarding its outcome. This helps in developing the parties ‘trust in the Mediator’s abilities.

4. Creates a positive tone by emphasizing the ultimate goal is a solution acceptable to everyone, and by repeating the importance of frankness and confidentiality.

In the opening segment, the Mediator usually reminds participants that the process will be confidential as to third parties, and furthermore that the Mediator will not disclose to a party any information that was identified by another party as confidential.

Private Sessions enable each side to meet alone with the Mediator to disclose facts, concerns, interests, limitations and offers that they would not ordinarily reveal to an opponent. Without certainty about the confidentiality of disclosures made in private sessions, parties would be reluctant to share this information, the Mediator would be denied it, and the Mediator’s task of perceiving underlying interests and shaping value-added outcomes would be made much more difficult. This trust in the Mediator and in the confidentiality of information shared with the Mediator is vital to the success of a mediation.

i. Identifying Confidential Data

Mediators should ensure that their private notes highlight confidential information so that accidental disclosure in the heat of the process is avoided. Mediators should carefully protect their private notes from view by the parties.

ii. No Written Record Reduces the Chance of Erroneous Disclosure.

In mediation, confidential information is disclosed only to the Mediator and often only verbally. The absence of a written documentation reduces the risk of human error in sharing documents that contain confidential information. Mediation affords greater protection for confidential information than a protective order or in camera record.

iii. Reconfirming

At the start of the first private session with each party, Mediators typically repeat the assurance that information identified as confidential will not be conveyed to the other party. At the end of each private session, the Mediator may repeat the specific confidential data that cannot be revealed or ask which specific data is not confidential which can be disclosed to the other party. This practice assures the disclosing party of the Mediator’s firm understanding and promotes that party’s trust in the Mediator but also allows for the channels of communication to be opened by recognizing that not all information is confidential.

iv. Incorporating Confidential Information without Attribution or Disclosure.

During discussions, Mediators and participants often propose possible solutions for consideration. These proposals generally aim to satisfy both sides to some degree. They are a combination of creative solutions, information and party interests. Mediators may convey proposals, whether party-generated or Mediator-generated, as hypothetical suggestions (phrased by the mediator as "What if . . .?" or "Suppose . . .?").

v. Returning Documents/Retaining No Records.

Many Mediators honor a practice of returning all documents and destroying notes at the conclusion of the mediation. The Mediator might retain a brief memo of who participated, the date, the general nature of the dispute, and whether an agreement was reached. Mediators need not retain copies of settlement agreements.

vi. Alert All Parties if Subpoenaed.

If there is an attempt to force the Mediator to give evidence in a court proceeding regarding the dispute mediated, the Mediator should alert all parties so they can protect their rights to confidentiality along with the assertion of any such rights by the Mediator.