text: Chapter 7
  Mediation
  7-53. This is an attempt to bring about a peaceful settlement or compromise between disputants through
  the objective intervention of a neutral party.
  Arbitration
  7-54. This is the process by which disputants submit their differences to the judgment of an impartial
  person or group appointed by mutual consent.
  Usage in a Counterinsurgency
  7-55. Unit leaders must be prepared to conduct negotiations or mediations with the leaders or members
  of various groups. These groups may be political, ethnic, religious, tribal, military, or even family.
  Understanding the composition of groups in the AO is vital for effective negotiations and mediations.
  Analyzing civil considerations using ASCOPE of various groups can be extremely helpful in preparation
  for these discussions. Furthermore, tensions or hostilities between groups may destabilize a society
  and provide opportunities for insurgents. Negotiations and mediations may be broken down into two
  categories: situational and preplanned.
  Situational negotiations and mediations
  7-56. These both allow immediate discussion and resolution of an issue or problem. For example,
  members of a ground patrol might encounter two groups arguing at an intersection. To negotiate a
  resolution to this problem, the patrol must thoroughly understand the ROE and rules of interaction (ROI).
  Soldiers apply this working knowledge to the process of discussing and, when possible, resolving issues
  and problems between opposing parties, which might include the unit itself. The leader on the ground must
  know when he has exhausted his options under the ROE and ROI, and turn over the discussion to a higher
  authority.
  Preplanned negotiations
  7-57. These allow discussion and resolution of an upcoming, specific issue or problem. For example, a
  company commander may conduct a work coordination meeting between leaders of the belligerents
  to determine mine-clearing responsibilities. As with situational negotiations, preplanned negotiations
  require leaders to know and understand the ROE and ROI. Leaders must also know as much as possible
  about every aspect of the dispute or issue. The negotiator’s goal is to reach an agreement that is acceptable
  to both sides, and that reduces antagonism and the threat of renewed hostilities.
  Considerations during Counterinsurgencies
  7-58. Commanders should identify powerful groups both inside and outside their AOs, and obtain key
  information about them to better prepare for negotiating and mediating. Analyzing civil considerations
  using ASCOPE is a useful tool. This prior preparation can be especially beneficial for the day-to-day
  situational negotiations and mediations that can easily arise during daily operations. This key
  information includes—
  • Formal relationships such as treaties or alliances between groups.
  • Informal relationships such as tolerance or friction between groups.
  • Divisions and cleavages between groups.
  • Cross-cutting relationships between groups such as religious beliefs, political parties, and
  business ventures.
  Guidelines for Negotiations and Mediations
  7-59. Credibility is key to success. As a rule, only communicate necessary information and those actions
  that authorities and commanders intend to do or have the authority to do. Successful negotiating often
  involves communicating a clear position on all issues. This includes visualizing several possible end states,
  while maintaining a clear idea of the best end state and conveying a willingness to bargain on negotiable
  points. Use tact to justify standing firm on nonnegotiable points while still communicating respect for other
  participants and consider having points that are disposable to use for concessions.