Negotiating in the Workplace Program Recap

Thank you to Linda Stamato and Sandy Jaffe, Policy Fellows at the Edward J. Bloustein School of Planning and Public Policy at Rutgers University, for sharing their vast knowledge on negotiations. Negotiation is just one tool when dealing with conflict resolution, but it often has the potential to have positive outcomes for all involved. Negotiation is a skill set that takes time and practice to develop, yet there are aspects that we can all use in our daily work to help settle workplace conflicts, whether with patrons/customers or colleagues. Let’s take a look at what negotiation has to offer.

Types of Conflict Resolution

There are 4 general types of conflict resolution:

Law – Utilization of the courts to resolve an issue. All interested parties loose control of the conflict resolution process and rely on a third party to make a final judgement. Using the judicial system also leaves only 2 outcomes, winning or loosing, and the winning is either and award of money (civil) or a sentence (criminal).
Power – The use of a third party, oftentimes in a position of higher power and authority to make a final decision. While this individual or group of individuals may seek input from all parties involved in the conflict, resolution is out of the control of the parties. Usually the party that loses becomes resistive to the authority, may not comply with the parameters of the resolution, and relationships may become irreparably damaged. Additionally, inherent in power is a tendency for escalation is initial proposals are not met or agreed upon.
“Lump It” – One or all parties in the conflict walk away without any lasting resolution. While this may seem better in the short term by providing a temporary sense of relief by not having to engage with the other party(ies), this can oftentimes lead to deepening conflicts. It can also lead to the conflict resurfacing, but with greater intensity. However, sometimes it is better to walk away from a conflict if no resolution is on the horizon.
Negotiation – In negotiation, the parties retain control of the conversation and are able to prioritize what is important and how they want to communicate. Oftentimes, an independent mediator is brought in to allow all parties to discuss their positions openly and honestly, with the aim at steering parties to discover a solution that serves all of their interests. Negotiation also has the highest potential to build or mend relationships between the parties by respecting their agency and encouraging thoughtful and respectful dialogue.

Understanding these systems for conflict resolution and having honest conversations about them when initially dealing with a conflict can help open communication between all parties and help in the eventual resolution. By discussing the process, you are inviting all parties to become invested in the process which may lead to better outcomes that address the concerns of all involved parties.

Causes for Conflict

Understanding the causes of conflict is an important step in the entire conflict resolution and negotiation process. If you are unable to identify and understand the cause of a conflict, it is much more difficult to get a satisfactory result. Additionally, many causes of conflict stem from emotional factors, rather than rational factors, which can make any conflict resolution much more delicate to balance. Some causes of conflict include:

Anger
Differences in values/different interpretations of what and how we value
Threats/hostility
Strategy
Unwillingness to negotiate
Unresponsive offers
Inability to analyze

It is very easy when two parties are in conflict for each one to demonize and apply negative labels to the other, which only serves to deepen the conflict and make resolution less attainable. Try to stick to the facts when rooting out the causes of conflict and ask all parties to remain objective and respectful; it is much more difficult to get parties to agree to follow through on any resolutions without a mutual respect toward each other and the process.

Aspects of Negotiation

When working through a conflict using negotiation, there are several aspects of the process to pay attention to that can help achieve the most desired outcomes from all parties.

Interest Based Bargaining – Unlike positional bargaining, where the use of someone’s position or power is used to dictate the framework of the bargaining process, interest-based bargaining comes from a position of what you need, rather than what you want. By focusing on the needs of the parties, you may uncover that the initial issues of the conflict are not the true issues. Once the actual needs of the parties are understood, it will be much easier finding common ground to build upon.
Separating People from the Problem – When framing the negotiation, focus on the problem at hand rather than the individuals. Oftentimes one’s pride or ego can get take over conversations and steer them into areas far removed the issue at hand. Focusing on the people rather than the problem can also break down relationships and led to future conflicts.
Generating Options – One of the key things in negotiation is keeping options open and encouraging all parties to contribute to options to solve the conflict. By soliciting their input, you may be able to find commonalities among their positions and desired outcomes. Encourage the parties to think broadly where it is much easier to find that common ground.
Utilizing Objective Criteria – When trying to persuade a party to consider a specific outcome or position, it is much easier to convince them when using objective information rather than personal beliefs or stories. Use data, research studies, or other objective information to communication a specific point of view and encourage them to respond in kind.
Identifying Your Best Alternative to a Negotiated Agreement (B.A.T.N.A.) – Negotiations fail, despite our best efforts. However, each party being able to think about and articulate those next steps if the negotiation fails may lead them to see the value in continuing the negotiation. Pursuing the Law or Power systems for conflict resolution may not be what either party wants and that commonality may be enough to move negotiations along.
Understanding the Value of Relationships in Negotiations – Relationships are the foundation of our society and form the basis of our work environment. How we value these relationships deals directly with how we deal with conflict; if we deal with conflict negatively, we put les value on our relationships and vice-a-versa.

Effective Negotiation Techniques

Once you are in the negotiation process, try to remember these techniques to help keep the parties engaged and moving toward a common resolution.

Ask Questions – If anything, asking questions shows your interest not only in what the parties have to say, but more importantly, that you are taking the process seriously. Oftentimes, what we mean and what we say are not the same during the initial conversations, so being able to seek clarity to ensure you have a solid understanding of all positions can make the negotiation much easier.
Seek Information – Don’t be afraid to ask for clarification or more information to understand a position. Try to ascertain the facts and separate them from the emotions related to the conflict. If there is supporting information that may shed more light on either party’s position or desired outcome, get that information and share it with parties to maintain an environment of openness and respect.
Test for Understanding (Recapitulate) – Restate the positions or interests of each party to ensure that you understand exactly what each party is thinking. Again, what you may have heard initially is not what was meant and can lead to worsening relationships between you and the parties. This is also a great way to ensure that opposing parties are clear about what each other think and what they need/want to get from the resolution of the conflict.
Provide Reasons to Substantiate Statements and Positions – By clearly articulating the reasons behind each parties statements and positions, it becomes much easier to find areas of agreement that can be used to build up to a successful resolution. This can also help identify smaller areas of interest that can be tackled first to help build a foundation for addressing more confrontational or complex matters.
Label/Preface with Constructive Phrases – You are more likely to achieve a positive outcome when the framework is positive. Try to focus your introductory comments and discussions in positive and constructive terms that give credence to the process and your involvement. This will create an inviting environment that will encourage more participation from the parties.

Critical Elements for Good Outcomes

These elements are more directed at the parties involved directly in the conflict rather than the negotiator, but many times the parties are their own negotiators.

Know what you want and what would make you say yes – By having a clear understanding of the outcomes you/the parties want and where you/they are able to concede certain terms, the easier it will be come to a successful resolution.
Take stock of your strengths and vulnerabilities – Try to figure out why me/them and why is the conflict happening right now. Use this opportunity to get what you need to strengthen your position.
Learn as much as you can – Get ideas from all parties involved and make defensive proposals to support each side to help foster an understanding of each party’s position and desired outcomes.
Develop alternatives – It is always a good idea to have a contingency plan if things fall apart. This can help parties find alternative solutions that may be more agreeable or help find the lowest common denominator that would be acceptable to all parties.
Enlist allies – Sometimes it may be necessary to bring people outside of the parties to help articulate a certain point of view or provide a deeper understanding for a certain position or action. However, make sure you have a clear understanding of what case you want that ally to make before enlisting their help.
Be firm on needs, but flexible on means – How the resolution is implemented is not as important as arriving at the resolution. Stick to the needs you want, but be open-minded about how these needs can be met, as there are often many ways to arriving at a singular solution and it may be the means rather the needs that are the true point of conflict. Try proposing several options to show a desired interest in resolving the issue.
Consider the situation from their perspective – Take a moment to really examine the issue from the opposite parties perspective. This may help in understanding their position and why they are pursuing the outcomes they are, even when they are antithetical to your own. Try to come up with 5 good reasons why they feel the way they do or what they are taking a certain position; this will help humanize the other side and hopefully reduce the emotional dimensions of the conflict.
Appreciate their situation – While similar to the previous element, this focusing more on the resolution. Try to find a solution that addresses their needs, which may help you find common ground and the basis for a resolution.
Push back challenges – If you are challenged, don’t accept the other party’s narrative or characterization. This will put you in a defensive position and make the negotiation more tense and allow desperation rather than rationality to dictate the resolution. Push back against accusations or inaccurate statements respectfully and with supporting evidence if possible. One party is not superior to another in negotiation so do not let the power balance shift, or the process has failed.

More Information

If you want more information related to conflict resolution and negotiation, please visit the Center for Negotiation and Conflict Resolution at https://policylab.rutgers.edu/cncr/. You can download a copy of the handout at https://www.njstatelib.org/wp-content/uploads/2022/06/Handout.pdf. You can view a recording on our YouTube channel at https://youtu.be/D3KSxe6x42s. If you have any questions, please contact Linda Stamato at lstamato@rutgetrs.edu or Sandy Jaffe at sajaffe@ejb.rutgers.edu.