dispute resolve (employee)
TRANSCRIPT
Dispute Resolution
Dispute Resolution
Dispute Resolution
to identify a resolution mechanism that results in win-win scenarios
to analyze the role of power in dispute resolution
to identify negotiation techniques
to analyze a negotiation process
Objectives:
Elements of Solutions
conflict management VS elimination
alternative solutions VS contest
shared responsibility for win-win VS win-lose scenario
Areas of Potential Conflict in RED
within or between community-based organizations
between community-based organizations and Government
Process Design
The parties design and develop the process, becoming involved in the following:
assessing the appropriateness of the approach
negotiations
implementation
monitoring and evaluation
Power Effects
Power is the capacity to produce an intended effect.
A reliance on power leads to a hardening of positions.
The use of power creates imbalances and is a major factor in determining solutions.
Understanding Power
Power may be:
real or perceived;
obvious or hidden; or
stated or inferred.
Goal:
bring balance to create cooperative environment
Understanding Power (contd)
Power may have a formal, legal, personal, or knowledge basis.
Power may result from money, racial affiliation, age, or emotional manipulation.
Negotiation Continuum
Approach
Violence,
non-violent
direct action,
legislation
Results
win-lose scenario
enforcement based on power
feeling of oppression
Negotiation Continuum (contd)
third party makes a decision based on submissions
win-lose scenario
little support for implementation
Litigation(process taking legal action) and/or arbitration
Negotiation Continuum (contd)
third party plays a process role
third party ensures open and continuous communication
expansion of range of possible solutions
ownership of outcomes
empowerment
redistribution of authority
shared commitment and responsibility for implementation
saving of time and money
Mediation, conciliation, negotiation
Negotiation Continuum (contd)
depends on goodwill of parties
environment of mutual trust
best for addressing minor issues
Informed problem- solving
Negotiation Continuum (contd)
win-lose scenario
passive approach
no indication of agreement
no indication of support or interest
Avoidance
Principles/Tactics for Negotiating
1.Separate the people from the problem.
2.Focus on interests, not positions.
3.Invent options for mutual gain.
4.Know your best and worst scenarios.
5.Respect the opinions of all.
6.Empathize, do not sympathize.
Qualities of a Negotiator
demonstrates an ability to listen deeply and accurately;
works to build trust and facilitates communication;
works beyond perceptions and questions assumptions;
He/she:
Qualities of a Negotiator (contd)
ensures discussions deal with interests VS positions;
looks for imaginative and innovative solutions;
looks for mutually acceptable outcomes;
asserts the point of view of constituents;
is prepared; and
remains open to solutions.
Preparation
Identify existing levels of agreement.
Know as much as possible about the opposing party.
Identify other possible options for a resolution.
Information gathering
Information gathering (contd)
Know about any third parties.
Know the importance of relationships and outcomes.
Know the locations and times of meetings.
Establishment of Expectations
commitment to the process;
the authority of negotiators;
a mutual desire for an acceptable outcome;
ground rules;
a positive, future-focussed tone; and
areas of agreement.
Try to establish:
Definition of Issues
Table all issues before negotiations start to build trust, eliminate surprises.
Avoid stating positions.
Recognize interests and clarify information.
Emphasize common areas.
Options and Solutions
Avoid putting forward lists of demands which prevent generating solutions that result in win-win situations.
Generate as many options as possible.
Identify those that maximize mutual gains.
Negotiation Table
Ensure all stakeholders have a seat (be inclusive).
Ensure negotiators have authority from their constituencies.
Build in opportunities for negotiators to consult with their constituencies so that agreements will hold.
Negotiation Table (contd)
Provide opportunities for exploratory talks.
Reach agreements on spokespersons.
Initial partial agreements.
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