Post a cohesive response based on your analysis of the Learning Resources and your professional experience. Be sure to discuss the following: “See attachment for detailed instructions
Negotiation, Arbitration, or Mediation?
The assigned readings from the text provide background on when to choose negotiation or one of the alternative dispute resolution strategies. These are typically situations in which two parties were unable to resolve their own conflicts. When a third party is sought to intervene, the original parties have admitted that they are at an impasse. Many factors influence the selection of a strategy involving someone else and many of the conflicts we have described in the course focused on intangible areas of disagreement. We now focus more on tangible materials and resources.
There have been many books written on formal negotiation strategies, as well as all forms of alternative dispute resolution. In this course, we are focusing on mediation and arbitration. All of these have tactics that professional negotiators, mediators, and arbiters use to help disputants come to a fair and equitable resolution. The higher the stakes, the more likely outsiders are to be involved.
Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Upper Saddle River, NJ: Pearson Education.
To prepare for this Discussion, pay particular attention to the following Learning Resources:
· Review this week’s Learning Resources, especially:
· “Managing Win–Lose Conflicts Through Negotiation” – See attachment”
· “Managing Others’ Disputes Through Mediation” –
Resolving Disputes Through Employment Mediation (mediate.com)
· Negotiation, mediation, and arbitration –
Negotiation, Mediation, and Arbitration – IResearchNet
Assignment:
Post a cohesive response based on your analysis of the Learning Resources and your professional experience. Be sure to discuss the following:
· Compare the main differences among negotiation, arbitration, and mediation. In what circumstances is each the most appropriate to use? Analyze a personal example, or research an example from an organizational setting, of using third parties to work out conflicts identifying the strategy used and the outcome.
· Search online and find a specific example where one of these techniques was used in an organizational setting.
· Describe the situation, which approach was used, and the outcome.
· Do you think one of the other approaches would have been more appropriate? Why or why not?
· 3 – 4 paragraphs
· No plagiarism
· APA citing
Managing Conflict
through
Negotiation
Disclaimer: Note that this webinar is intended to provide useful information
but should not be construed as individual legal or financial fact, advice, or
opinion. Ms. Coussens is not a representative of todays host or sponsors.
Presented by: Michelle Coussens, Plan B Consulting
Copyright Michelle Coussens 2021
Session Agenda
• Conflict and approaches to re
solution
• Introduction to Negotiation
• Understanding your negotiation skills and style
• Navigating the negotiation process
• Finding and using your unique powers
• Positive and negative behaviors when negotiating
Plus, a Negotiation Action Planning Worksheet!
Conflict And Approaches
To Resolution
Sources of Conflict
• Every workplace has some amount of conflict
• The cause of conflict is often related to differences in values, attitudes, needs,
expectations, perceptions, resources, and/or personalities. Common types include:
• Administrative procedures
• Costs
• Equipment and facilities
• Manpower resources
• Personality clashes (damaging)
• Priorities
• Responsibilities
• Scheduling (frequent)
• Technical opinions and trade-offs (can be beneficial)
• Proper skills in dealing with conflict can allow you to more efficiently and effectively
resolve issues, increasing organizational productivity.
• Conflict resolution can result in an opportunity to build energy, creativity, and innovation
Conflict
Resolution
Approaches
Conflict resolution strategy requirements:
❑ Must allow conflict to be settled without irreparable
harm to organizational objectives
❑ Each of these approaches can be effective and
useful depending on the situation
❑ Which approach is best is based on assessment of
the situation
Approach Comparison
Competing Collaborating Avoiding Accommodating Compromising
Forcing, controlling,
dominating
Problem-solving, win-
win
Withdrawal Obliging, smoothing “Give and take style”
When one party goes all
out to win its position
while ignoring the needs
and concerns of the other
party
Reach an agreement
that satisfies the
concerns of both
parties
Postponing an issue for
later or withdrawing from
the situation altogether
Areas of agreement are
emphasized, and the
areas of disagreement
are downplayed
Conflicting parties
bargain to reach a
mutually acceptable
solution
As the intensity of a
conflict increases, the
tendency for a forced
conflict is more likely,
which results in a win-lose
situation where one party
wins at the expense of the
other party
Involves open and
direct communication
Regarded as a
temporary solution
because the problem
and conflict continue to
reoccur over and over
again
Actual conflict itself may
not be resolved; A party
may sacrifice its own
concerns or goals in
order to satisfy the
concerns or goals of the
other party
Both parties give up
something in order to
reach a decision and
leave with some
degree of satisfaction
Approach Comparison (cont’d)
Competing Collaborating Avoiding Accommodating Compromising
Use when:
• A “do or die”
situation is
present
• Stakes are high
• Important
principles are at
stake
• Relationship
among parties is
not important
• A quick decision
must be made
Use when:
• Both parties
need
to win
• You want to
decrease cost
• You want create
a common
power base
• Skills are
complementary
• Time is
sufficient
• Trust is present
Use when:
• You cannot win
• Stakes are low
• Stakes are high,
but you are not
prepared
• You want to gain
time
• You want to
maintain
neutrality or
reputation
• You think
problem will go
away
• You win by
delaying
Use when:
• Goal to be reached is
overarching
• You want to create
obligation for a trade-
off at a later time
• Stakes are low
• Liability is limited
• Any solution is
adequate
• You want to be
harmonious and create
good will
• You would lose
anyway
• You want to gain time
Use when:
• Both parties need
to win
• You are in a
deadlock
• Time is not
sufficient
• You want to
maintain the
relationship among
the involved
parties
• You will get
nothing if you do
not compromise
• Stakes are
moderate
Conflict Resolution Process
Interpersonal discussion techniques can be used to resolve conflicts
in a manner that satisfies both parties’ interests. How to use them:
Acknowledge the conflict and its effect on
progress or results
Look for common goals and common interests
Separate people and emotions from the
issue
Identify as many alternatives as possible to resolve
the issue and satisfy the interests of both parties
Present issues in terms of the underlying
interests or requirements
Resist the urge to compromise (“meet in the
middle”). Instead, look at the issue from different
perspectives—challenge your and others’
assumptions and constraints
LISTEN to the other party’s interests/
requirements
Agree on the alternative that best meets both
parties’ interests, as well as the collective
organization
Agree on what the issue is
Obtain the commitment of all members of both
parties on what will be done to implement the
solution
Introduction
To Negotiation
What is
negotiation?
• The Merriam-Webster dictionary defines negotiation as,
“a natural phenomenon marked by gradual changes that
leads toward a particular result, or a series of actions or
operations directed toward a particular result.”
• The process through which two or more parties seek an
acceptable (rate of) exchange for items they own or
control
• Parties to a negotiation often see themselves as
opponents
• However, all key stakeholders are interrelated
• We will take an integrative approach today (Principled
Negotiation)
• Expand the size of the pie
• Versus Distributive approach (size of pie is fixed)
• Sample opportunities to use it: acquiring adequate
resources, motivating personnel, dealing with obstacles,
making project goal trade-offs, handling failure, and
maintaining communication
The
Negotiation
Process
• A way to develop a mutually
acceptable outcome when the
initial desired outcome for each
party conflicts.
• Managers and other employees will
often negotiate with a client, with
team members, with vendors, and
with other project/activity
stakeholders.
• Departments operate within the
limits of finite resources that
require allocation among different
and shifting priorities, thus there is
constant negotiation occurring
cross-functionally.
Three
Stages of
the
Negotiation
Process
• Gather information, analyze and evaluate
your research
• Determine your criteria for a successful
negotiation
• Consider the other party’s wants/needs
• Understand risk/opportunity of each option
Pre-Negotiation
• Follow protocol of the meeting (casual
setting versus official)
• Probe the other party to better understand
their wants/needs/reasoning
• Bargain/compromise
• Come to a mutual agreement
Negotiation
• Evaluate the effectiveness of the negotiation
• Lessons Learned
Post Negotiation
Understanding Your
Negotiation Skills And Style
Negotiation skills are a
part of leadership
• Leadership skills involve the ability to guide, motivate, and influence others.
• Leadership is a complex of beliefs, communication patterns, and behaviors that
influence the functioning of a group to move toward completing a task.
• These skills also require capabilities such as resilience, communication,
problem solving, critical thinking, negotiation, and other interpersonal skills.
• Being a leader doesn’t mean you always have the (only) correct answer.
• Ask the right questions, of the right people, at the right times
• Challenge yourselves– learn about others’ opinions, concerns, and
perspectives
• Devil’s advocate
• Incorporate others’ perspectives into shared solutions
How to assess your own
negotiation skills and styles
• https://www.psychologytoday.com/us/tests/career/negotiation
-skills-test
• Communication E-Guide
• “Master the 4 Levels of Communication for Leadership
Success”
• p. 4 (Communication Skills Assessment)
• p. 7 (The Listening Self-Test)
• p. 10 (Do you “Bulldoze” or “Peace-Keep”)
•
36
0 review feedback
• Review of past results
https://www.psychologytoday.com/us/tests/career/negotiation-skills-test
Characteristics
of effective
negotiators
• A positive attitude
• Knowledge of the negotiation process
• An understanding of people
• Grasp of the subject/situation at hand
• Creativity
• Strong communication skills
Navigating The
Negotiation Process
Steps in negotiating
6) Agree on the best options for both parties.
5) Generate as many options as possible for reaching your goal.
4) Discuss and agree on a strategy to reach a goal that benefits both of you.
3) Understand the goal of the other person you are trying to persuade.
2) Realize what you really need and what you want, and why
1) Identify and define the real situation or issue.
Shift from the presenting issue to the underlying concern.
Preparing to negotiate
• Consider your relationship and associated implications
• Power sources
• Access and analyze information
• What you need; what you want
• What you are willing to give up
• Commonalities, as well as points of likely conflict
• How your POV fits within the company’s priorities and strategies
• How much time can be taken to come to agreement
Get to the real issue:
The “Five Whys” Technique
Presenting
Issue:
We need a new copier.
Why 1 Why do we need a new copier?
Because the current one keeps jamming.
Why 2 Why does the copier keep jamming?
Because the paper keeps getting stuck in the input tray
Why 3 Why does the paper keep getting stuck in the input tray?
Because monthly cleaning maintenance isn’t being done.
Why 4 Why isn’t monthly cleaning maintenance being done?
Because no one called the vendor to come in and do it.
Why 5 Why didn’t anyone call the vendor to come in and do it?
Because no one was assigned to do it or was keeping track of the time since the
last cleaning.
Situational influences
• Few conflicts occur in deciding whether or not a task should be done
• Instead, they are typically about how they will be done
• Separate the people from the problem
• Resolve conflicts without losing control of emotions
• Location
• Easier and advantageous to negotiate on your own turf
• Physical setting
• Seating arrangements, size of room, amenities, etc.
• Audience
• People tend make fewer concessions when audience is watching
• Impression management
• Self-presentation symbols/behavior
Exchange
Dependencies
High dependency on another
• Determine what you have to offer that will appeal
to them (WIIFM)
• “Court” them (interpersonal relationship)
Low dependency on another
• Allocate less time and energy relative to others
• However, continue to foster the relationship
• In case dependencies or roles change
later
• In case a new situation arises later where
you are more dependent upon them
What deadlock
means
• An impasse
• Inability to reach agreement
• Neither side willing to compromise
or back-down on their position
• No decision results
• No progress moves forward
Techniques
to break
deadlocks
1: Turn Problem Situations into Choices
2: Turn Solutions into Smaller Choices
3: Limit the Scope of the Problem
4: Increase the Scope of the Problem
5: Take a Break
6: State the Other Side’s Case
7: Search for Common Interests
8: Seek Additional Input
9: Focus on Areas of Alignment
10: Consider making concessions as a
gesture of good faith
Degree of agreement
Grudging
compliance
Compliance
Cooperation
Commitment
How to seek
commitment
• You should work on
educating the person being
influenced in two respects:
• How the result will benefit the
organization, as well as the person
you are influencing
• Your rationale for WHY you are
working on this needed result
• These two respects overlap,
but it is important that you
understand the need to
distinguish between the value
and the logic of your
preferred result.
Finding And Using
Your Unique Powers
The
meaning
of power
• Power is not a “bad” word.
• Potential ability of one person to influence others to carry out
orders or do something they otherwise would not have done
• Potential ability of one person in an organization to influence
other people to bring about desired outcomes.
• Provides the ability to achieve goals or outcomes
that the person in power desires
• Power can be used to influence and persuade others.
Influencing others
• Influence=the composite of:
• Personal power source(s)
• Individual communication style(s)
• Persuasion
• The Cohen-Bradford Influence Model
• Identify what other people value
• Frames a win-win proposal
• Based on the law of
reciprocity
• Belief that all positive and negative things pay back over time
• Assumptions:
• Assume the best in people (potential allies)
• Clarify why you wish to influence the other person/people
• Identify what drives their actions (diagnose their mindset)
• Determine what “currencies” are at your disposal (social capital)
• Inspiration-related
• Task-related
• Position-related
• Relationship-related
• Personal-related
• Make use of give and take strategies (barter)
Types of
currency
• People
• Money
• Supplies
• Physical space
• Prioritization
• Time escalation
• Pieces of information/data
• Subject matter expertise (SME)
• Networking contacts/connections
• Reputation/credibility
• Elbow grease/sweat equity
• Opportunity for
visibility/recognition
• Inclusion in projects/committees
• Appreciation/rewards
• Sponsorship or championing
• Other?
Influence
preparation
• How well do you know this person?
What do you know about them?
• Positive and negative
• What power do you have in relation
to the person(s) and situation?
• What conflict management
approach/style do they tend to
default to?
• How much do(es) your need(s)
matter?
• How much do(es) your want(s)
matter?
• What long-term relational impact do
you want to have versus resolving
the situation at hand?
Influence strategy
1. Plan a flow of sequencing that leads them
down a path
• Ask questions you already have planned the
answers to
2. Discuss one piece of evidence at a time
3. Share the benefits of your proposal and how
any potential risks were already considered
4. Help others visualize your process and end
result
5. Highlight and prioritize benefits based on
what will most resonate with your audience
6. Use Persuasive Framing
• Shape the narrative
7. Cultivate champions
8. The value of story-telling
9. Consider taking sales training
Some hard influence
tactics
• Go over their heads to a higher authority
• Give an order
• Withhold support or cooperation on other things
• Solicit and gain allies on your side
• Withhold information
• Find legal or procedural grounds
Some soft
influence
tactics
• Stroke their egos
• Tie the ask to their goals and values
• Cultivate personal connection
• Seek training or development to bolster your credibility and value
• Offer something that will be viewed as a personal sacrifice
• Make them think the idea was their own
Powers of persuasion
• Persuade=More from influence to actually changing another person’s
beliefs, attitudes, understanding or perspective
• Find their pain points and/or wish lists.
• Determine and leverage your power sources
• Types of power: Legitimate, Reward, Coercive, Soft, Expert, Referent
• Responses to power: resistance, compliance, or commitment
• Establish credibility
• Seek common ground
• Build mutual trust
• Connect personally and emotionally
• Questions to ask yourself:
• Who do I need to persuade and why?
• What is the situation that I want to influence? Is that a need or a want?
• What techniques have worked in the past? What techniques have NOT worked in the
past?
Persuade others
to commit to your
preferences
• Assess others’ needs, wants, and styles
• Also understand what you truly need
(versus want) and what you have to offer
them
• Apply social capital and reciprocity
• Get commitment rather than mere
compliance
• Address resistance to change
• Types of resistance
• Aggressive
• Passive
• Passive-aggressive
• Countering resistance to change
• Playing devil’s advocate
• Taking small steps
• Reasons for resistance
• Employees vs. managers
• Others
36
Persuasion
Strategies
37
Considerations
• What is the importance of the project,
the person, re my personal goals &
objectives?
• What is the urgency?
• Is this a battle or a war?
• Will my professional reputation be
enhanced or hurt?
• Will the outcome create excessive
stress/pressure?
• Do I have any flexibility? Is there time
to use seek a more collaborative
approach?
• What can/should I concede?
Strategies
• Justify needs in terms of business
impact.
• Follow up in writing/email.
• Be clear in your request (SMART).
• Solicit advocates and champions.
• Balance facts/data with emotional
appeal.
• Take advantage of the trigger of
reciprocity.
• Present your credentials or previous
experience with the suggestion.
• Consider that there may be more
than one right answer.
Some
specific
tactics
• Break the situation into
chunks, and seek agreement
on a small piece first
• Start with a big ask that you
know is unlikely to pass so
that you can default to what
you really want
• Make your initial offer or
concession small with some
things to add into the mix if
they don’t take the first offer.
• Offer future assistance or
resources (favors)
Positive And Negative
Behaviors When Negotiating
Some starting principles
• Build and nurture relationships BEFORE negotiating
• Don’t give ultimatums or make stubborn demands
• Reveal only what is required
• Come prepared
• Evidence; fact versus opinion
• Understand the positive and negative ripple, ongoing, and long-term effects
of each potential option
• Depersonalize yourself from the situation
• What would you want if you, yourself, were not part of the situation?
• What would you want if it was your company or your money at stake?
• Don’t rule out piloting different potential solutions.
Build and maintain trust,
rapport and authenticity
• Create and communicate a relatable vision of
benefits
• Convey an appropriate sense of urgency
• Build in engagement
• Link the message to the bigger picture
regarding the organization’s priorities
• Use understood and relatable language, jargon,
and acronyms
• Remember that their perception is your reality
Cultivate
Partnerships
• Build relationships
• Foster and nurture them
• Understand their roles, functions,
pressures, and perspectives
• Align common interests and bond
• Hold open, honest communication
without “hidden” agendas
• Consider that:
• You may know some things about a
situation that your partner does not.
• Your partner likely knows some things
about a situation you do not.
• Both of you may make assumptions and
should be sure to communicate those to
each other.
Invoke the
spirit of
reciprocity
• Takers… like to get more than they give.
They tilt reciprocity in their own favor,
putting their own interests ahead of others’
needs…
• High self-interest, Low other-interest
• Givers are a relatively rare breed. They tilt
reciprocity in the other direction, preferring
to give more than they get
• Low self-interest, high other-interest
• “Otherish*” recognize the importance of
protecting their own well-being while giving
to others (reciprocity)
• High self-interest, high other-interest
Source: Give and Take… by Adam M. Grant, PH.D.
Employ Active
Listening
Skills
44
• Be open-minded
• There may be more than one “right answer”.
• Leading doesn’t mean having all the answers– ask the right questions of the right people at the right times
• Seek evidence and differentiate between fact and opinion
• Acknowledge and show appreciation for others’ perspectives
• Visual behaviors to display:
• Make eye contact
• Pause for acknowledgement
• Paraphrase what you hear
• Avoid problem-solving and just process what you hear
• Lean in, figuratively and literally
• Nod your head, but with caution
• Don’t be (and watch out in others for): faking, self-consciousness, armchair therapy, narcissism
• Check out: The Lost Art of Listening: How Learning to Listen Can Improve Relationships, by Michael P. Nichols,
PhD, 2009, The Guilford Press.
Persuasion “Don’ts”
• Start with a hard-sell
• Push, over-aggressiveness
• Refuse to entertain compromise
• Talk more than listen
• Expect quick resolution at any cost
• Avoid negative attribution
• Our subconscious may attribute intentions to others that may be untrue or
exaggerated.
• Avoid this default
• Not understanding your audience
• Persuader (doing the persuading)
• Persuadee (person you are attempting to persuade)
• Readiness and willingness
• How they prefer to be communicated with
Tips for
Handling
Emotional
Escalations
• Remain calm, cool, and collected
• Don’t let your own emotions get in the way of a successful negotiation.
• Try to diffuse the situation
• Empathy, acknowledgement, and patience are powerful tools
• Consider dealing with less emotional issues first
• Focus on the items you agree about first
• Focus on smaller decisions that hold less weight (and create less stress)
• Know your “Hot Button” issues, and those of others
• Either avoid or approach with caution
Counter Unproductive Behavior
• Don’t retaliate against those who
share the hard truth.
People hide
information.
• Ask for evidence and distinguish
between facts and opinions.
People rely on
opinions.
• Encourage others to ask
questions.
People are told
what to do.
• People are rewarded for
collaborative efforts.
People are out for
themselves.
• Dissent is encouraged.
People need to be
right.
• People are allowed to make
mistakes without punitive fear.
People blame
others for mistakes.
47
Role
Model
Civil
Behavior
• Avoid marginalization based on POV
• Read environments
• Show empathy
• Find common ground
• Coach others to find the positive in others
• Manage communication/messaging
• Adapt your communication style to the individual
• Refer to people by their chosen pronouns and names
• Be self-aware– recognize and address your own biases
• Pursue different perspectives
• Mitigate destructive conflict while fostering constructive conflict
Sometimes it makes sense to say
“no” or “not now” without guilt
49
49
• Be courteous but assertive
• Consider opportunity cost
• Offer an alternative:
“I’m not able to
attend tonight’s
virtual meetup.”
“This is beyond the
scope of the project
and I’m not able to add
this in.”
“What would be
the impact to
the business if I
did this later?”
“What would you like
me to put aside in order
to complete this?”
“I’m not able
to partner with
you under
these terms.”
Negotiation Case Study #1
You and a colleague are supposed to
coordinate on an assignment. You both
committed to doing it over a month ago, but
your colleague is running more and more
behind. How can you use what you have
learned in the course to negotiate getting
what you need from them?
Negotiation Case Study #2
You realize that you need to receive the prototype from
PD earlier than you originally thought in order to finish
creating the campaign. How do you go about negotiating
earlier delivery of the prototype?
You work in the marketing department and are working
on a campaign to promote an upcoming new product.
You are reliant upon product development (PD) to
complete their prototype as input into creating the
campaign.
Learnings from The
Prisoner’s Dilemma
A and B together committed a
crime. Now, their prison sentences
depend on their cooperation with
the court as follows:
• Both are silent: Both each get one-
year on lesser charges.
• A speaks; B is silent: A gets
probation; B gets 10 years
• B speaks; A is silent: B gets
probation; A gets 10 years
• Both speak: Both get 10 years
If two (or more) people are each
given a choice in order to “give up”
the other, unless they have trust in
each other and value the common
good, they will each suffer when
one or both make a decision that is
self-serving only,
“When facing a decision involving others,
don’t just look for the solution that maximizes
your own return. Look at the bigger picture
and find a broader solution that produces the
best return for everyone. And then look for
ways to encourage cooperation”.
– Robert E. Gunther
The Truth About Making Smart Decisions
EXAMPLE:
Additional
Resources
• Cohen, Allan R., and David L. Bradford.
Influence Without Authority. 2nd ed., Wiley, 2005.
• Conger, Jay A. “The Necessary Art of
Persuasion”, included in HBR’s 10 Must Reads
on Communication, Harvard Business Review
Press, 2013.
• Gitomer, Jeffrey. Jeffrey Gitomer’s Little Green
Book of Getting Your Way: How to Speak,
Write, Present, Persuade, Influence, and Sell
Your Point of View to Other. FT Press, 2007.
• Grant, Adam M, PH.D. Give and Take: A
Revolutionary Approach to Success. Viking,
2013.
• Tinghitella, John and Nicole Martin. No Fear
Negotiation for Women. 2020.
https://www.nofearnegotiation.com/
https://www.nofearnegotiation.com/
Today’s takeaways…
• Realize your negotiation style and skills
• Understand the common elements of the negotiation process
• Recognize and apply the steps of the negotiation process
• Understand standard negotiation strategies, tactics, and
techniques to reach a win-win solution.
• Create a plan of action to be better prepared for and successful in
your next negotiation
Please Submit
Questions In Chat Box
Presenter
Michelle Coussens
Plan B Consulting
michelledcoussens@yahoo.com
Contact me for a
complimentary copy of
my latest monthly
newsletter!
56
mailto:michelledcoussens@yahoo.com
Thank You
For Your
Participation!
