EFFECTIVE PUBLIC MANAGEMENT SKILLS NEGOTIATION AND CONFLICT RESOLUTION FOUNDATION 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 Objectives By 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 CONFLICT There is a conflict of interest INFLUENCE People negotiate because they believe they can influence an outcome AGREEMENT People 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 PROCESS In any negotiation there you can expect to give away something and to gain something. This is the nature of the process INTANGIBLE AND TANGIBLE There 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

Address both tangible and intangible goals 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 One Goals 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 frames Frames 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 Define the issues Assembling the issues and defining the bargaining mix Defining your interests Knowing your limits and alternatives Setting targets and openings Assessing your constituents Assessing the other party (Resources, interests, needs, reputation, alternatives, targets, openings, authority, startegy)

Continue…… What strategy do I want to pursue How I will present the issues to the other party 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

Leverage Leverage 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 Contending – Threats , punishment, intimidation, domination with no concern for other party Yielding – supporting others outcomes, even helping them achieve them Inaction – people just withdraw Problem solving – mixed concern over outcomes 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 Agree to make a public statement about a small concession on both sides that: Says what the concession is That is part of a strategy to reduce tension The other side is invited to do the some States the timing of the concession 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