Creativity in Negotiations: Managing Conflict Resolution - Research Paper Example

Executive Summary Negotiation is a process of resolving disputes or various issues between the conflicting parties by using effective skills and techniques. Without proper negotiations, it is very difficult to resolve the disputes successfully because negotiation is the key to successful dispute resolution. A good and proper mediation process always involves such a mediator who is proficient in handling any sort of difficult situation between the conflicting parties. The skills of a negotiator play an important role in dispute resolution. There are various conflict resolution strategies which are very beneficial in successfully carrying out the task of dispute resolution. Negotiating techniques are of critical importance for any negotiator because they play an integral role in determining success or failure of any conflicting situation. Cross cultural dispute resolution is also discussed in the research because differences in cultures have a great influence on conflict resolution. Research found that some issues seem to be very critical in nature but if proper negotiations are carried out for the resolution of the issues, they get resolved. Results of the research showed that the role of a negotiator in resolving disputes is of critical importance because negotiators make use of creative skills which play an important part in successful resolution of various disputes. Results also showed that skills and techniques required by the negotiators are not the same in case of cross cultural conflicts because of differences that exist between the cultures of different societies. Introduction In our daily life, many challenges and conflicts come in our way which are to be resolved in an effective manner in order to get ourselves out of any difficult situation. These conflicts can be various kinds of disagreements which can arise between any two parties or among some persons. In order to solve these disagreements, we need to apply some proper and effective conflict resolution mechanisms. Without the use of any specific technique or conflict resolution mechanism, conflict between the parties can never be resolved. Due to this, use and implementation of perfect conflict resolution mechanisms such as negotiations or mediation techniques are always seen as an essential part of any individual’s life. Negotiations Before going into the details of discussing various creative techniques that can be used to reach mediated solutions to the disputes between any two groups, let’s get a better understanding of what negotiations or mediation techniques actually mean. We can say that mediation is a process which is carried out by a person who is called a negotiator in order to resolve disputes between the groups. Mediation also means the reconciliation or settlement of any sort of specific dispute or disagreement not only between the disputants but also among the relationships. Mediation was widely touted as a better way to work through the difficult relationship problems (Aureli & Wall, 2000). The basic aim of a mediator is to reach such an appropriate agreement which can be agreed by both of the disputing parties. Here we should say that a mediator should have excellence in his field in order to achieve success. Mediators always play a vital role in resolving conflicts between any two parties by initiating the process of dialog not only between the political groups but also among the employees at the workplaces. Weinstein (2001, p.2) states that “workplace mediation, in particular, can be an effective way to resolve work-related and interpersonal conflicts”. A mediator acts as a third party representative and plays his part as a communication representative for both of the conflicting parties. The reason for appointing a mediator to resolve disputes between the conflicting parties instead of involving court is that the mediation process is comparatively less expensive than the legal court procedures. Butler and Walker (1999, p.3) stated that “in mediation you remain in control of the process, instead of taking the risk of fighting in a courtroom”. Process of Negotiation A good and proper mediation process always involves such a mediator who is proficient in handling any sort of difficult situation between the conflicting parties. Without a proficient and expert mediator, a perfect agreement can never be reached between the parties. “The negotiation process begins with an analysis of the needs, desires and interests of all parties concerned” (Blocker, 2008). It should be noted that taking the final decision is the authority of the parties, not the mediator. Negotiator can only give advice, it’s up to the conflicting parties whether to accept the advice or not. It is always necessary that a well trained and specialist mediator should be chosen by the conflicting parties to play part in the resolution of any specific conflict which may occur. Negotiation process includes listening to the conflicting parties’ point of views, thoroughly analyzing the scenario, and proposing an acceptable solution to the parties. The conflicting parties must have a wish to resolve the issues in order to make the negotiations successful. Skills Required for a Negotiator Talking about negotiations, let’s now discuss those skills which are needed by a negotiator in order to effectively resolve any kind of dispute. The first and basic skill required by a negotiator is depth of knowledge regarding any specific issue. If the negotiator has not got enough knowledge related to a disputed issue, he can never prove to be effective in resolving the situation. For example, if a dispute is related to environmental diplomacy, then it is must for a negotiator to have deep knowledge about economics, natural sciences and finance. Ability to differentiate between facts and assumptions is also one of the major skills of a negotiator. A negotiator needs to have expertise in communication skills because without effective communication skills, a negotiator can never be able to convey the message to the disputing parties. “Its very important that you understand the negotiation style of the person youre negotiating with, because that will be a determining factor as to how you should project yourself” (Williams, 2008). Another important skill required by a negotiator is pre session preparation regarding the conflicting issue because it is very difficult for a negotiator to learn about the issue and make an appropriate decision simultaneously. Listening is also one of the most important skills of a negotiator. It is a chief responsibility of a negotiator to listen to the point of views of both parties carefully before making any decision. During communication and listening, various hidden elements of the dispute can be exposed which can play a great role in reaching a fair and justified decision. In order to make any sort of agreement between the conflicting parties, a negotiator must demonstrate the positive outcomes of the agreement to the concerned parties. So these were some of the most important skills which are required by a negotiator in order to reach a settlement regarding any conflicting issue. Negotiation Strategies If we talk about those strategies of negotiations which are very beneficial in successfully carrying out the task of dispute resolution, we can say that there are two such strategies which can be used for this purpose. Those strategies include distributive bargaining strategy and integrative bargaining strategy. In distributive bargaining strategy, also known as the simplest bargaining strategy, one party wins at the cost of the second party. There is one aspiration position and one reserve position for each of the disputing parties. Aspiration position means by that position which is demanded by both parties whereas the reserve position is the lowest acceptable position for both parties. There are very rare chances of settlement of the issue at the aspiration positions because both parties can never win at the same time using distributive bargaining strategy. But if the decision lies somewhere between the reserve positions, it is usually acceptable even it is the lowest acceptable position for both parties. In integrative bargaining strategy, the mediator tries to reduce or eliminate the gap that exists between the conflicting parties. This attempt to reduce the gap is made by developing a set of negotiating elements which means that each party must give something to the second party by linking the conflicting issues to other related issues. When the link is successfully established, an acceptable agreement is made between the parties by making some concessions in different issue areas. But if integrative approach is used, both parties must have something to offer to the other party for the satisfaction of the other party. It is a very creative approach because both conflicting parties get satisfied by the results which are achieved by linking the issue to other related issues. Negotiation Techniques Knowing the best creative techniques that can be used to reach a successful mediated solution is the main objective of this research. Negotiating techniques are of critical importance for any negotiator. Negotiation techniques play an integral role in determining success or failure of any conflicting situation. If a negotiator has an expertise over these techniques, he can never fail in achieving the task of a successful negotiated solution for any dispute. But if a negotiator doesn’t know much about the techniques, he can never be successful. As a result of the research regarding creative negotiation techniques, following are the techniques which were discovered: Perfect Planning Preparation before going into the negotiation session is of critical importance because a negotiator can be successful in reaching a mediated solution if and only if he is prepared about what he has to say and what he has to do in different conditions. “In any kind of negotiation the planning stage is probably the most important” (Atkinson, 2009). An unprepared negotiator gets stuck up in any sort of unpredictable condition. So in order to be successful, pre-session preparation is indispensable. Knowing the Facts Another useful technique is to analyze the actual facts regarding the conflict. Facts analysis includes each party’s intentions regarding the dispute resolution. A negotiator must know what each party wants from the other party and what those reasons are because of which the dispute has been created. A negotiator should also know what a party can give to the other party in order to reach a settlement. Listening to Each Other Listening and communication act as the basis for any negotiation process. Both conflicting parties should have firm control over their emotions in order to be successful. If a party doesn’t show patience during the process of negotiations, desired outcome can never be achieved. Both parties including the negotiator must listen to each other’s point of views with a lot of patience and tolerance. Strong Arguments One of the key techniques regarding a successful negotiating process is to produce convincing arguments. Each of the conflicting parties should base their point of views on strong arguments. If a party gives baseless and vague arguments during negotiations, desired outcomes from the negotiation process can never be achieved. Compromise Compromise is also one of the most important and useful techniques for a successful negotiating process. A party should never expect everything from the second party because people always come on the table of negotiations to give something in order to have something. Another important technique is that a party should never accept the first offer given by the second party and should show some resistance because it is possible that after some negotiations, a better offer may come which may be more beneficial as compared to the first offer. Give Examples Giving examples of different negotiation agreements is also a very creative technique for a successful negotiation process. A negotiator can give relevant examples to the conflicting parties in order to make them think over the proposed agreement. It is obvious that conflicting parties come on the table of negotiations for an agreement, so result oriented examples can play a vital role in reaching an acceptable agreement. So these were some of the most important techniques which are of extreme importance in order to make a negotiation process successful. Cross Cultural Disputes If we talk about cross cultural conflicts between groups, we can say that differences in cultures have a great influence on conflict resolution. These differences include racial, religious and traditional differences. Diversity within the cultures also exist so instead of using cross cultural communication skills while communicating with different cultural groups, a negotiator should rather assume communication to be cross cultural. If a society is more complex and diversified, the potential groupings will also be more numerous in that culture and those groupings act as the potential container for norms and values of that specific culture. We can also say that each society has got various subcultures in it which may result in cultural conflicts within a single society. The problems which may occur in resolving a cross cultural conflict are related to intercultural communication, interpretation, and diverse metrics for decision making. If a negotiator is dealing with a cross cultural conflict, he must be aware of the fact that he may face some difficulties regarding various superficial differences that exist between the cultures, the mindset of the people of each culture, and effective communication with people from each of the cultures. A negotiator must have strong communication skills and knowledge regarding cultural behaviors and issues of any specific society. Some creative techniques were also found during the research regarding cross cultural dispute resolution. These techniques are as follows: A negotiator should never assume that all groups involved in a dispute have a cultural component. A thorough explanation of the dispute resolution process is necessary while dealing with a cross cultural conflict because all people may not understand what the negotiator actually wants to convey. It is not necessary that a negotiator understands every cultural related issue, so a negotiator can ask the people to explain their point of views regarding those conflicts which are related to any specific cultural issue. Understanding the cultural norms of the people is also very important because it helps in dealing with those issues or conflicts which are related to cultural norms and social values of a society. A negotiator must listen to each of the conflicting parties very carefully in order to get a better understanding of the actual issue. Cross cultural issues are sometimes difficult to be understood so it is important for a negotiator to thoroughly examine the issue by carefully listening to the point of views of all conflicting parties. It is very important for a negotiator to understand the cultural differences regarding, mindset of people, behaviors, attitudes and body language of the people involved in the conflict in order to efficiently resolve the conflicting issue. Opportunities should be created for the conflicting parties in order to corroborate the concerns of each other. A negotiator should stress on the cultural similarities rather than finding the differences between the cultures. A negotiator should show patience and endurance during the conflict resolution. It should be kept in mind that cross cultural conflicts are not very easy to be resolved because of various cultural differences, so patience should be shown in each and every step of the conflict resolution process. Main Idea of the Research In this research, the chosen issue was on the topic of how creative negotiation techniques can be used to reach a mediated solution. Prior to describing creative techniques regarding negotiations, various skills of a negotiator and approaches were described. Then based on the research regarding creative techniques of negotiations, the most appropriate techniques were described which can be used by people as well as multinational organizations in order to resolve the disputes. The research also helped in finding out those techniques and methods which play a great role in not only resolving the personal disputes but also the cross cultural disputes that may exist among different cultures. Differences in cross cultural disputes were an important part of the research considering the difficulties that exist while negotiating for the resolution of cross cultural disputes. Methodology There were twenty people who participated in the research. 60% of them were male and 40% were female. Eight of them were the employees at different multinational organizations and the rest were literary personalities including teachers and professors (see Figure 1 & 2). Research design The research activities consisted of two approaches (see Figure 3): Personal interviews Questionnaires A structured interview was prepared consisting of all research questions. The interviewees were asked various questions about the role of a negotiator in carrying out the task of reaching a mediated solution to any specific dispute among the individuals or between the organizations. In the questionnaires, there were many critical questions related to the role of a mediator in resolving cross cultural conflicts. The questionnaires contained all research questions including questions which needed opinions and views. The participants were encouraged to openly express their views and opinions. Measures The structured interview was conducted with the twenty participants of the research by scheduling the appointments with all of them. During the interview, they were asked all the research questions regarding the role of mediator in conflict resolution which the participants very happily shared with the researcher. Moreover, questionnaires containing closed and open ended questions were distributed among the literary persons and PhD professors. Scanned questionnaires were also posted to some employees of the multinational organizations through electronic mails and by hand deliveries. Procedure The participants thoughtfully prepared the structured interview that was to be conducted with the employees and planned the closed and open ended questions that were to be included in the questionnaires. The whole process took around one month, preparing for the questions, taking appointments, visiting employees and documenting results. Results Results of the research showed that the role of a negotiator in resolving disputes is of critical importance because negotiators make use of various creative skills which play an important part in successful resolution of serious disputes. Results also showed that skills and techniques required by the negotiators are not the same in case of cross cultural conflicts because of differences that exist between the cultures of different societies. Conclusion Summing it up, it can be said that dispute between any two parties can be successfully resolved by having purposeful negotiations carried out by a skillful negotiator. Some issues seem to be very critical in nature but if negotiation is carried out for the resolution of the issues, they get resolved. So, it can be said that role of mediators in any sort of difficult situation is of critical importance for the successful resolution of any specific conflict. Figure 1: Participants Figure 2: Percentage: Male Participants = 60%, Female Participants = 40% Figure 3: Approaches used in research design References Atkinson, F. (2009, June 25). How to Plan Your Negotiations More Effectively. Retrieved April 13, 2010, from http://www.articlesbase.com/negotiation-articles/how-to-plan-your-negotiations-more-effectively-993328.html Aureli, F., & Waal, F. (2000). Natural conflict resolution. 2nd ed. California: University of California Press. Blocker, J. (2008, July 22). The Negotiation Process. Retrieved April 13, 2010, from http://ezinearticles.com/?The-­Negotiation-­Process&id=1348653 Butler, C., & Walker, D. (1999). The Divorce Mdeiation Answer Book. Newyork, NY: Kondansha America. Weinstein, R. (2001). Mediation in the workplace: a guide for training, practice and administration. New York, NY: Greenwood Publishing Group. Williams, G. (2008, June 16). Use the Right Negotiation Style to Be a Winning Negotiator. 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