Module 3: Negotiation: Effective Communication Conflict Resolution and Negotiation Skills for Integrated Water Resources Management

Goal and objectives of the session To describe different methods of effective communication. to emphasize the role communication in conflict resolution. OUTCOMES Knowledge of the important role of effective communication in conflict resolution. SKILLS As a mediator/facilitator/negotiator, the participant will have understanding of the ways of effective communication in conflict management and resolution.

Presentation Outline Introduction (negotiation) Effective communication during negotiation Roles and responsibilities Why we usually … eventually cooperate

A ‘dispute’ Divergent interests that are incompatible and non-reconcilable. May escalate into various forms of conflict. But conflict can be positive even necessary. From normal to pathological. Dispute resolution is the management of conflict. Alternative Dispute Resolution emphasises collective, win-win, participatory approaches to dispute settlement.

Negotiation Negotiation is the most common form of dispute settlement Adjudication Arbitration Conciliation/fact finding ‘Good offices’/mediation Degree of formality Negotiation consultation

‘The Negotiator’ Effective communicator Talking clearly and precisely Active listening Talking clearly and precisely Demonstrates understanding Clarity of perception Techniques Reframes positions Uses open questions Separates the person from the problem

Conditions for Successful Negotiation (in an ideal world…) Willingness to negotiate between/among identifiable parties Interdependence Readiness to negotiate Parties have means of influence or leverage Parties have agreed on something in the past

Conditions for Successful Negotiation (in an ideal world…) Will to settle Unpredictability of consequences of non-negotiation Sense of urgency No major psychological barriers The issues must be negotiable People involved must have authority to decide

Negotiation Styles Interest-based Collaborative Jointly meet each other’s needs and satisfy mutual interests Identify interests before propose solutions Search for a variety of solutions to satisfy all interests Collectively select desired options Mutually generate agreement

Negotiation Styles Positional (power-based or rights-based) Present your interests/solutions to other parties Frame desirable solutions as falling within an acceptable settlement range

Bargaining attitudes Interest-based Resources not limited All interests addressed en route to acceptable agreement Focus on interests not positions Search for objective or fair standards View other negotiators as cooperative problem solvers not opponents Keep people and issues separate (respect people, focus on interests) Search for win-win solutions

Bargaining attitudes Positional Resources limited Other negotiators are your opponent: be hard on them My gain is your loss (zero-sum) Goal is to win as much as possible Concession is a sign of weakness The right solution is my solution Always be on the offensive

Benefits of Interest-Based Approaches Focus on interests may help change negative strategic climate Participation of all relevant stakeholders helps find sufficient ground on which to build enough will to act Satisfaction of all interests is recipe for long term success Positional bargaining promotes extreme positions

Stages of negotiation Evaluate and select a strategy to guide problem solving Make contact Collect and analyze background information Design a detailed plan for negotiation Build trust and cooperation

Stages of negotiation Open negotiations Define issues and set agenda Uncover hidden interests Generate options for settlement Assess options Final bargaining

Steps to be taken Identify substantive, procedural and psychological interests that you expect to be satisfied through negotiation. Ask why and how questions regarding needs that are important to you. Speculate on the motives of other negotiators. Begin negotiations by educating each other on interests. Frame the problem as solvable through win-win approaches.

Steps to be taken Identify the general criteria that must be present in any acceptable settlement. Generate multiple options. Utilise integrative option generating techniques. Separate option generation from evaluation process. Work toward agreement. Identify areas of agreement, restate them, write them down.

With regard to water…. What is this particular dispute about? Can it be dealt with on its own? Separated from larger political and/or socio-economic issues and settings? How specific is the dispute? (‘access’) Might ‘water’ be a proxy for something else? Is dealing with this issue likely to lead to log-rolling? What is the temporal setting?

With regard to water…. Five things to keep in mind Geography matters Power matters Sovereignty matters Polity matters Time matters

When a dispute arises Persistent (access) Intermittent (seasonal; once every 5-8 years) Unexpected (by one party) Unexpected (by all parties) Hypothetical (what someone might do)

Roles and Responsibilities Entrusted to act in best interest of group. Entrusted with pursuit of specific group goals. Personal distance from the issue.

Roles: unequally Government (gov) business (com) civil society (.org) discourse Multi-layered in transboundary issues

Unstated Communicators Between ‘Equals’: Permanent Secretary ---- Permanent Secretary Minister --- Minister Tech --- Tech CBO --- CBO But intercut with: Age; Sex; Gender (masculine and effeminate men), Race; Ethnicity, ‘style’ e.g. ‘the suit’

When a dispute arises: What are the channels of communication? Do parties to the dispute have access to each other? Is there an identifiable contact point? MDC, anti-globalization movement, ’flower power’ What is the institutional framework? Ombudsperson, ICJ, tribunal Do parties know about these entities?

Facilitation and Mediation Character of an effective mediator Ability to create trust. Ability to define issues at the heart of the dispute. Patience, endurance, perseverance. Thoughtfulness, empathy, flexibility. Common sense, rationality. Others?

Facilitation and Mediation Mediation is flexible, informal, confidential and non-binding. The mediator has no direct interest in the conflict and its outcome. The mediator has no power to render decisions. The mediator looks for alternatives based on the facts and merits of the case.

Mediation styles and skills Facilitative/passive Intervening/active Willing and able to call on expert knowledge and/or use decision-support tools Meet with aggrieved parties jointly and separately Elicits ideas from both sides

Mediation styles and skills The facilitator Assists in meeting design. Helps keep meeting on track. Clarifies and accepts communication from parties to the negotiation. Accepts and acknowledges feelings. Frames a problem in a constructive way. Suggests procedures for achieving agreement. Summarizes and clarifies direction. Engages in consensus-testing at appropriate points.

DO NOT… Judge or criticize Push your own ideas Take procedural decisions without consultation Take up group’s time with lengthy comments/commentary

When is mediation/facilitation likely to be necessary? Within the river basin? Between states? Within states? Within national governments?

Why states cooperate on water resources Resource Characteristics: Shared biomes/ecosystems live within the resource base Water is essential

Why states cooperate on water resources Characteristics of the Negotiation Setting: Negotiators never lack water. Sovereignty is a relative power balancer. Limited actors. Similar roles (e.g. technical experts, Ministers). Other actors watching (and available) (e.g. more powerful). States, IGOs, neighbours, civil society) International law/precedent. Other actors may mediate/arbitrate if face-to-face fails .

Point-Source Disputes Resolved Water is essential Live within the resource base Use profiles embedded in local structures

Reasons for violent national disputes Extreme power imbalances. Stakeholders have different water conceptions. All stakeholders don’t live within the resource base. Governance structures contradictory and variable. Many actors. Divergent roles, capacities and skills of actors. Myth of civil society – state interactions. No obvious route to mediation. Arbitration for negatively impacted parties.