Threats and Ultimatums by Hilary Linton - 2003. Threats are made often in negotiation, either overtly or subtly. If they are not diffused, they will undermine a fair mediation process. It is important to try to understand the reason why a party may choose such tactics. Understanding the reason will help the mediator and the parties deal with the behaviour constructively. Reasons for making threats and ultimatums include: 1. Lack of skill. Few people are skilled at negotiation. Many simply know no other way of asserting themselves. Even skilled negotiators can “lose their cool” in an emotional divorce and resort to threats or ultimatums. In these cases, the mediator's job is to work with the parties individually and help them learn better negotiation skills. 2. Lack of confidence. If there is a real or perceived imbalance of power between the parties, the person who feels out of control, overwhelmed or powerless may use threats and ultimatums as a way of gaining back some power. In such a case, the mediator might work with the parties separately and together, addressing the issues of balance, fairness and empowerment in a an open and honest way. 3. Bullying. Some people use bullying tactics to try to win in negotiation. The mediator should carefully pre-screen parties coming into mediation to learn about any history of emotional or physical abuse or intimidation, mental illness, or personality disorders. If a person is using threats or ultimatums as part of a pattern of abuse or illness, there may be little the mediator can do to help the parties conduct a fair negotiation. A referral to counseling or a mental health professional may be the most help the mediator can offer.