BUS641: Strategic Negotiations and Conflict Management

5a. Examine mistakes made in the negotiation process

• How are mistakes made in the negotiation process?
• Why should you examine past mistakes in a negotiation?
• Can you avoid mistakes made in the negotiation process?

Reviewing past mistakes can be enlightening when it comes to understanding a particular negotiation. You may be able to avoid making the same mistakes in the future if you better understand what occurred in the past. These may be your mistakes, others, or perhaps how the opposition handled their last negotiation.

You may not be able to avoid making mistakes during the negotiation process, but you may be better informed if you understand what has occurred in the past. Mistakes may be made by asking for something unattainable, which leads to a lose-lose situation. Or by standing firm or being inflexible on something the side cannot give. By remaining open to possibilities, you may avoid mistakes that others have made in the past.

To review, see Reviewing Common Mistakes.

 

5b. Evaluate when to use a third party to help resolve the conflict

• When do you know you will not reach a solution in a conflict?
• What options do you have when you cannot resolve a conflict?
• What is the result of a third-party option to resolve a conflict?

There are a few ways to resolve a conflict that cannot be resolved between two parties, and they do not need to involve a lawsuit. Once you recognize that a conflict cannot be resolved, it is time to research potential options to reach a solution. At that point, you will need to discuss with the opposition the fact that you do not believe a solution will come soon. And you may need to discuss possible options about how to move forward.

These options may include walking away from the conflict and leaving it unresolved. For many, this is not an option, and this is when a third party may need to assist you in resolving the issue. Each party must agree to the third-party resolution decision about the case and what is decided.

To review, see When the Negotiation Fails.

 

5c. Examine the process of closing the conflict

• How do you close a conflict?
• What type of formal agreement might be used to close a conflict?
• What is a conflict resolution agreement?

Once a conflict is resolved, whether through an agreement or a third-party mediator, then you need to have a formal record of the resolution. This is a record of what each person agreed to in the resolution. After an arbitration, a conflict resolution agreement is needed to close the conflict. This contract includes what each party agrees to do after the close, and it can be formal or informal. But will include information about what occurs if each party does not do everything they agreed to.

The same will occur if an employee agrees to an arbitration agreement and resolves issues with the employer. It is important to have a record of what will occur so that both parties are protected and do what they said they would. The steps to closing the contract may require a meeting where the contract is created, agreed to, and signed.

To review, see After You've Resolved the Conflict.

 

5d. Examine training employees on the negotiation process

• Why is it important to train employees in the negotiation process?
• How can you train employees to be better negotiators?
• What are the benefits of training employees in the negotiation process?

As a manager, you will need to consider training employees to handle conflict. This will be important as you manage your team and help them to develop their skills, and it will make your work life easier if they have better communication skills. You can include them in the negotiation process as you work to resolve issues with your team, other departments, or outside companies. They may ask questions during the process, and you must work to ensure they are properly trained.

Once employees are trained, they can work independently to resolve issues on their own. In addition, you are taking care of your team as you work to ensure they are properly trained and are improving their communication skills. This process will also strengthen your team as they learn better conflict management skills.

To review, see Train Employees to Handle Conflict.

 

5e. Evaluate the mediation process to resolve issues

• What is mediation, and how does the process work?
• What are some benefits of using third-party resolutions?
• Why is it important to consider mediation?

Mediation or arbitration are alternative ways to resolve a conflict, and they involve a third party who presides over the mediation to arrive at a resolution. One of the benefits of using a third party is that it is less expensive than hiring lawyers and going to court. It is possible that the resolution results in a win-win situation, or it may result in a win-lose situation.

Each side agrees that the resolution is binding, and whatever the mediator decides is the resolution. One downside is that one party may have no room to negotiate after the mediator decides. Once a resolution is reached, a conflict management agreement can be used to record what each party agrees to.

To review, see Meditation and Case Management.

 

Unit 5 Vocabulary

This vocabulary list includes terms you will need to know to successfully complete the final exam.

• arbitration
• conflict resolution agreement
• mediation
• reviewing past mistakes
• third-party resolution