Negotiation and Conciliation Skills Commissioner Jack Gregor WAIRC and AIRC Associate Professor Ray Fells Graduate School of Management, UWA

Concluding points first (!!) In preparation  Be aware of what will happen if you keep saying “no”  Give most thought to where the other party is coming from In the negotiation or conciliation  Show respect, be open and listen, even if you are going to say “no”  Think about the wider and longer term issues  Complete the deal, write it up, don’t leave issues unresolved

Negotiation - an overview Negotiation is the process of two parties with differences, which they need to resolve, trying to reach agreement through looking for options and trading offers two parties with differences which they need to resolve trying to reach agreement through looking for options and trading offers  and an agreement

Conciliation - an overview help the parties clarify their real differences clarify why they need to resolve them and support their efforts in trying to reach an agreement through helping them create more options and assisting them when trading offers  and making sure they are comfortable with the outcome Conciliation is the involvement of an independent person whose role is to assist disputing parties find a solution to their differences

Preparation - for negotiation and conciliation Two parties  who? accountable to whom? interested bystanders? with differences  what do they want? why? which they need to resolve  what is our BATNA? and theirs?

Preparation - for negotiation and conciliation trying to reach agreement through looking for options and trading offers  ends and means? priorities? timeframe? linkages? and an outcome  will they think it is a good agreement?

Villageville

Looking for options Stay firm on what is really important to you Make sure you understand where the other party is coming from Clarify, summarise, reflect Trial out ideas Don’t defend them, find out why they are unacceptable Creativity emerges from the competitiveness

Handling obstacles to progress Take time out to ‘think process’ Consider your BATNA Consider the situation from the other party’s perspective Refocus on interests, priorities Keep exploring their offer for benefits A deadlock is just a stage in the route to an agreement

Conciliation Preparation Negotiation and conciliation – why and how  Unfair dismissal  Industrial disputes Securing the deal It is still your dispute and it will be your agreement

Concluding points – at last! In preparation  Be aware of what will happen if you keep saying “no”  Give most thought to where the other party is coming from In the negotiation or conciliation  Show respect, be open and listen, even if you are going to say “no”  Think about the wider and longer term issues  Complete the deal, write it up, don’t leave issues unresolved

Negotiation and Conciliation Skills Commissioner Jack Gregor WAIRC and AIRC Associate Professor Ray Fells Graduate School of Management, UWA