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

 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?

• 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 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
1. Define the issues
2. Assembling the issues and defining the bargaining mix
3. Defining your interests
4. Knowing your limits and alternatives
5. Setting targets and openings
6. Assessing your constituents
7. Assessing the other party (Resources, interests, needs,
reputation, alternatives, targets, openings, authority,
startegy)
 Continue……
8. What strategy do I want to pursue
9. How I will present the issues to the other
party
10. What protocols are needed
 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
 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
 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 withdraw
4. Problem solving – mixed concern over outcomes
5. 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 is
2. That is part of a strategy to reduce tension
3. The other side is invited to do the some
4. States the timing of the concession
5. 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