Introduction to Consultation and Negotiation Skills

OBJECTIVES: To outline the difference between consultation, negotiation and joint problem solving To Examine the benefits of consultation To understand negotiation theory and basic negotiation skills To appreciate the difference between position based and interest based bargaining To understand the different stages of negotiation To appreciate how Individual behaviours impact on the negotiating process.

Knowing the Boundaries What types of issue might you be consulted on in your organisation? What types of issue might you negotiate on in your organisation? What problems are caused in differentiating between consultation and negotiation?

Session 1 CONSULTATION

The Definition: Consultation The process by which management and employees/ representatives jointly examine and discuss issues of mutual concern. Involves seeking acceptable solutions to problems through genuine exchange of views and information whilst management reserve the right to make decisions.

Benefits of Consultation Promotes employee involvement Fosters employee and management co-operation Uses combined knowledge of those affected Leads to better quality decision making Potential problems are addressed at early stages Clarifies each others' position Smooth and effective Implementation of change Improves morale and organisational effectiveness.

Joint Problem Solving Enables management and employees/ representatives to identify, tackle and resolve issues together. Understanding of and commitment to outcomes achieved through consensus decision making. Solves problems on the basis that elements of the outcomes may need to be negotiated

Consensus A group reaches consensus when all members agree upon a solution and can honestly say: I believe you understand my point of view and I understand yours. Whether or not I prefer this decision I support it because: It was reached fairly It is the best decision for us at the time.

Or… A group doesn’t reach a consensus when all members can’t agree upon a solution and can honestly say:

Session 2: Negotiation

The process of bargaining to reach a deal. Negotiation The process of bargaining to reach a deal. Implies acceptance by both parties that agreement between them is required (or is desirable) before a decision can be implemented. Both parties must have some level of commitment to do a deal. Both parties must have the authority and will to vary the terms.

To Negotiate all parties must have: A broad appreciation of the principle bargaining theories An understanding of the different stages of negotiation An awareness of how individual behaviours impact on the negotiating process.

Negotiating Theories Integrative Bargaining Distributive Bargaining WIN / WIN WIN/ LOSE Principled Traditional Interest Based Position Based Disclose Information Keep Information

The Stages of Negotiation Preparation Opening moves Middle game End game

Preparation Decide your Objectives Decide the Strategy Research the Subject Clarify your needs Anticipate 'their' needs Assign team roles Carefully consider any requests for informal discussions

Employer’s objectives Prepare Your Strategy Employees Objectives Ideal Realistic Fallback Area for movement Set out your objectives for the negotiation in terms of ideal, realistic and fallback positions. Do the same exercise but approach it from the employers position. This can give you an indication of where the areas for agreement will be - somewhere in the range of each sides realistic positions. Employer’s objectives

Prioritise your ‘Tradeables’ 1. List all the objectives you want to achieve or would like to achieve 2. Priority rank the list from both parties points of view will help to identify areas where negotiations will be most difficult, and concessions most hard to win and 3. Priority rank the issues where there is scope for mutually beneficial trades.

Opening Moves Establish credibility of your own position Develop common ground and shared values Question, probe and listen Summarise and clarify Stress benefits of reaching an agreement

The Middle Game Make proposals ........ what if? Can you package the proposals differently? Signal a willingness to consider/agree to proposals Consider the other side's subliminal signals Assess what is on offer Link and inter-relate issues "If .....then" Have different options/ideas available.

End Game Look for opportunities to close the deal Be aware of the need to save face Put agreements in writing when effective from? effective for what period of time ? who should be informed/ by when and by what means? Review the team’s performance.

Positive and Negative Behaviours in Negotiation

Negotiators should: Avoid Practice Interrupting Questioning Scoring points Listening Talking too much Summarising Sarcasm Challenging Threats Looking for clues Personalising Focusing on the problem Entrenched positions Identifying interests

Types of Negotiator

The ‘Rambo’ The goal is victory and will pursue it ruthlessly - not interested in 'people' effect –

The Soft Touch People oriented - will make offers, or yield to pressure

The Top-Blower Frequently loses temper and threatens or does walk out

The Long Pauser A tactic designed to get other side to reveal more

The Interrogator Uses constant interrogation techniques designed to make other side feel has not prepared properly

The Lecturer Loves the sound of own voice - pontificates, fails to listen to what other side is saying

Negotiating Tactics Make Token Concessions Speak to the Silent (because they didn’t know your stance, or are surprised by your knowledge or stance) Suggest incomplete brief (stall discussions until more information is made available) Wildman / Statesman (Choose your behaviour pattern)

Negotiation Procedure 1. The Process 2. The Timescale 3. The Stages 4. Conciliation And Arbitration?

Informal discussions can lead to accusations of underhand dealing. Informal discussions can be dangerous if confidentialities are not honoured. Informal discussions can lead to accusations of underhand dealing. Informal discussions can lead to the exposing of the fall-back position, and can lead to the fall-back position being taken as read.

Planning and preparation Consider venue, facilities, refreshments, break-out rooms, etc (In other words ‘Case the Joint’ if you don’t know it). Expect the employer to explain the background to proposal before stating their position. This builds the case rather than stating a position that has to then be justified. Explain your stance to the proposals and the reasoning behind your stance.

Question: Two parties both want an orange: Formula for the Solution: Step 1: Dig beneath their positions to find out why they want it. Step2: Identify interests to achieve a win-win situation. Interests: One party wants the juice and the other party wants the rind for a cake. Problem solved – the orange can be shared.

PERSONALITIES AND ATTITUDES CAN CREATE OR DESTROY A GOOD WORKING ENVIRONMENT