EFFECTIVE PUBLIC MANAGEMENT SKILLS

NEGOTIATION AND CONFLICT RESOLUTIONFOUNDATION SKILLS AND ADVANCED PROCESSES

Robert Alan Bush

Reference: Lewicki, et. al. (2003) Essentials of Negotiation. Boston, McGraw-Hill.

Essentials

Negotiation requires:

Good communication

Good cultural understanding

Learning ObjectivesBy the end of this session you well be able to:

Describe key factors of the negotiation situation, the strategy options, actions and styles of the negotiation process

Understand the use of leverage

Consider differences in cultural styles

Adapt universal concepts to the Brunei situation

Part One - Universal Aspects of the Negotiation Situation LEVELS

Can be at interpersonal, inter-group or inter organizational levels

CONFLICTThere is a conflict of interest

INFLUENCEPeople negotiate because they believe they can influence an outcome

AGREEMENTPeople prefer to get an agreement rather than fight. Occurs when fixed sets of procedures have broken down or do not exist

Universal Aspects of the Negotiation Situation

GIVE AND TAKE PROCESSIn any negotiation there you can expect to give away something and to gain something. This is the nature of the process

INTANGIBLE AND TANGIBLEThere are intangible aspects (psychological) like needing to save face, dealing with the fear of something different, showing you have achieved good.There are the tangible aspects – the upfront aspects

Universal Aspects of the Negotiation Process Inter-dependency

Both parties need each other Goal interdependency – win lose, win win Best Alternative To a Negotiated Agreement (ref Fisher

et al 1991) as a source of power Mutual Adjustment

Needing to recognize that a settlement will mean making adjustments afterwards and planning for these

Value Creation Differences in Interests, opinions, risk aversion, timing

Conflict Needs to be managed (see later session)

So When should you not negotiate?

List and Think of Examples

So When should you not negotiate?

When it looks like you will lose everything – do something else

When you have no room to move – raise the stakes instead

When the demands are unethical – its illegal

If you have no stake in the outcome When waiting might improve your position When you are not prepared well

Part Two - Strategy

Strategizing and planning a negotiation is what you do before you begin negotiating

It involves several steps

Strategizing - Step One

SETTING GOALS Deal with the substantive issues first

(those to be stated in the negotiation)

Deal with these through goals, goal priorities and multi-goal packages

Address procedural concerns

Step One

Address both tangible and intangible goals

Tangible – e.g. price of something

Intangible – e.g. Defending a principle, saving face, ensuring cultural integrity

Step OneGoals Effect Strategy

What you will be happy with after the negotiation effects how the negotiation is run.

Know the difference between a wish and a goal Recognize that our goals are often linked to the other

parties goals in some way. This defines the issues to be settled

There will be limits beyond which you will not negotiate

Goals have to be concrete and specific to be of use.

Step Two – Strategic Options

Savage et. al. (1989) Academy of management 3 (1) 37-48 suggest two basic concerns determine strategy.

How much concern is there to achieve substantive outcomes?

How much concern is there for the current and future relationship with the other party?

Step two – Strategic Options

Step Three – Framing the Problem

“People walk into a room and see the same thing in quite different ways.”

“One persons hero is another persons loser.”

“Disputes are open to different interpretations.”

Different strategies define different frames

Think about what these strategies imply for framing:

Competition Collaboration Accommodation

HINT THINK….Goal, relationships, motivation, key attitude, remedy for breakdown

TYPES OF FRAMES

What the negotiators focus on and how they justify things:

Substantive frame Aspiration frame Conflict management process frame Identity frame Risk (loss gain) frame

Other Frames

The Interests Rights power frame

Interests – want the needs, wants desires are

Rights - What it is legitimate to have Power - Imposing types of power over

others like economic power, withdrawal of labor, denial of expertese

Other framesFrames change as the negotiation proceeds

and conflict rises and falls

“Naming, blaming claming”

Naming occurs when the problem get defined

Blaming occurs when how the problem that occurred get defined

Claming occurs when some type of action is taken

Using Framing in Negotiation

You can use framing to undertsnad and work out how to proceed in an a negotiation

“we are looking at this this way and we believe you are looking at this that way, so how can we find some common ground.”

The Negotiation Process

1. Define the issues2. Assembling the issues and defining the

bargaining mix3. Defining your interests4. Knowing your limits and alternatives5. Setting targets and openings6. Assessing your constituents7. Assessing the other party (Resources,

interests, needs, reputation, alternatives, targets, openings, authority, startegy)

Continue……

8. What strategy do I want to pursue9. How I will present the issues to the

other party10. What protocols are needed

END OF INTRODUCTION

NEXT SESSION -- LEVERAGE

Session TWO - Leverage

Definition

The tools negotiators use to give themselves advantage and increase

the probability of achieving their goals

LeverageLeverage is usually understood as power and

influence. There are two basic situations within which leverage is applied:

Where the negotiator believes they have less leverage than the other party

Where the negotiator believes they have more leverage than the other party

The tactics used depend upon theses starting positions

Leverage with more or less power

In the less power situation the negotiator uses power tactics to gain a more level playing field

In the more power situation the negotiator uses power tactics to stress differences to their own advantage

Example using Interests, Rights and Power Tactics

Often used when the other party is reluctant to negotiate

Focus of Interests – used to achieve an working relationship to achieve mutual goals

Focus on Rights – Used when resolution is sought through drawing up rules, standards, laws and ideas of fairness

Focus on Power – Focus on this when you are trying to get concessions from the other party

How do Negotiators acquire Power?

Control of/possession of information and expertise –

to get concessions build up shared information

Expertise requires respect for accomplishments, mastery over some aspect of knowledge, it’s a special form of information

How do Negotiators acquire Power?

Power based on control over resources like:

Money Supply line Human capital Time Equipment Interpersonal support

How do Negotiators acquire Power?

Power based on position

This is power based on a legitimate position and is not necessarily based upon likeing by others

It may be acquired in a variety of ways _ inheritance for example

How do Negotiators acquire Power?

Location in a Network of relationships.

Both formal and informal. Often the inforaml can be very powerful

“five steps to power”

Example. If you were askedto get the former prime minister of Malaysia to come and give a talk who would you go thru to get him here

Managing power thru messaging

The use of information and the style and quality of messages sent by a negotiator and the way these are received will change perception about what is important

There are large individual differences in ability to do this – can you be trained for it?

Managing power thru messaging

The Petty and Caioppo Two Path Model

Central Route – to integrate the message into the already existing cognitive structure ( thoughts) of the receiver

Peripheral Route – use of subtle cues and context that is less cognitive

The Petty and Caioppo Two Path Model

SEE CHART

INOCULATION

ALWAYS DO TWO THINGS

DEVELOP THE ARGUMENTS FOR YOUR CASE

DEVELOP THE AGRUEMNTS AGAINST YOUR CASE SO YOU KNOW WHAT YOU ARE UOP AGAINST

END OF SESSION TWO

Nest session – Managing conflict

Session Three

Learning Objectives

Managing conflict Cross cultural/international issues

What is the cause of conflict

Different needs/wants of the parties

Misunderstanding

Other Intangible factors ( personalities)

Any others????????????????

Defining Conflict

Lewicki (2003)

“sharp disagreement or opposition as of interest, ideas, etc that includes PERVIEVED divergence of interests, belief, aspiration, at can’t be achieved simultaneously”

Not conflict may be different to aggression or inappropriate cultural behavior

Conflict levels

Intra-personal

Interpersonal

Intra-group

Inter-group

Conflict can be both dysfunctional and functional - Discuss

Why is conflict dysfunctional ?

List of dysfunctional conflict reasons Parties believe they must compete becsue

they are different Conflict distorts perception and bias Things get uncomfortable emotional Communication decreases Issues get blurred Communication get ridged Differences magnified, similarites

diminished Conflict escalates

List of functional aspects of conflict

Discussing conflict increases peoles ability to cope

Conflict promises organisational change and adaptation

Conflict can strengthen relationships Can enhance personal development Can be stimulating and Fun???????

Conflict Management

Focus of research in recent years as been on the personal style of good resolutions – what works, what’s easy and hard to resolve

A two dimensional framework has been used to understand good conflict resolution SEE DIAGRAM – “the dual concerns model”

The Five Strategies of Conflict Resolution – Each has its advantages and disadvantages

1. Contending – Threats , punishment, intimidation, domination with no concern for other party

2. Yielding – supporting others outcomes, even helping them achieve them

3. Inaction – people just withdraw4. Problem solving – mixed concern over

outcomes5. Compromising – conflict management

strategy requiring both parties to give and take something

Identifying your own interpersonal style in conflict management

See separate page for excercise

Managing very difficult negotiations

What are difficult situations to negotiate

Charged atmosphere with anger, mistrust hostility

Communication closed off Issues are blurred Negotiators have become identified with

some of the issues Parties perceive great differences Anger increases and parties lock down

Types of basic responses Cognitive - very difficult

Emotional - easier (trust building)

Behavioral – looking at what parties will do in the future and how to remove the problem of conflict in the future by setting up better ways to resolve issues

Strategy One – Reducing tension and synchronizing De-escalation

Separating the parties

Tension release

Acknowledging the the others feeling

Osgoods ‘graduated and reciprocal initiatives in tensions reduction’

Osgood’s model

1. Agree to make a public statement about a small concession on both sides that:

1. Says what the concession is2. That is part of a strategy to reduce

tension3. The other side is invited to do the some4. States the timing of the concession5. Will be done whatever happens

Strategy Two – Improving accuracy in Communication

Role reversal

Imagining exercises

Reframing words

Strategy Three – Controlling as a conflict Resolution Tactic

Reducing the number of parties at the table

Reducing the number of issues to be discussed

Stating issues in concrete terms NOT principles

Restricting procedural steps Breaking down big issues Depersonalizing

Strategy Four – Building up good communication

Superordinate goals Looking for common ground Search for consensus on expectations Changing time management Reforming each parties view of the other Build an integrity framework (time

consuming) Trust building, sematic change Generate creative alternatives

Strategy Five – Managing the other sides HARD Tactics (e.g.ultimatums)

Ignore them Call then on Respond in kind Offer to change to more productive

modes of doing things

CULTURE CONSIDERATION

What are key differences

Individualism/ collective

Power distance

Masculinity

Uncertainty avoidance

Risk avoidance

How do cultural differences influence negotiation What differences for Brunei? Consider….

Definition of the situation Selection of negotiators Protocol Communication style Timing Risk propensity Group v individual negotiation Nature of agreements