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LEARNER GUIDE

Negotiate Agreements

Unit Standard 13948 NQF Level 4 Credits 5

TABLE OF CONTENTSTABLE OF CONTENTS..........................................................................................................iPERSONAL INFORMATION...................................................................................................1INTRODUCTION..................................................................................................................2

Structure................................................................................................................................................2Programme methodology......................................................................................................................................2What Learning Material you should have..............................................................................................................3Different types of activities you can expect..........................................................................................................3Learner Administration.........................................................................................................................................4Assessments.........................................................................................................................................................4Learner Support....................................................................................................................................................5Learner Expectations............................................................................................................................................5

UNIT STANDARD 13948......................................................................................................6SECTION 1: THE NEED FOR NEGOTIATION............................................................................7

Introduction............................................................................................................................................7What Is Negotiation?..............................................................................................................................8

Why Negotiate?.....................................................................................................................................................9Managers And Negotiation Skills............................................................................................................9

Decisions Made By Junior Managers....................................................................................................................10Formative Assessment 1: SO1 AC 1 & 2..............................................................................................................10

SECTION 2: NEGOTIATE STEPS..........................................................................................10Introduction..........................................................................................................................................11Skills Required By Negotiators.............................................................................................................11

Handling Conflict.................................................................................................................................................11Listening skills.....................................................................................................................................................12

Why Do Negotiations Fail?....................................................................................................................13Inadequate Communication Skills.......................................................................................................................13Inadequate Preparation.......................................................................................................................................14Bad Conflict Handling Skills.................................................................................................................................14

Steps In The Negotiation Process.........................................................................................................15Preparation.........................................................................................................................................................15Developing a Strategy........................................................................................................................................17Getting started....................................................................................................................................................17Building Understanding.......................................................................................................................................17Bargaining...........................................................................................................................................................18Closing................................................................................................................................................................18Formative Assessment 2: SO2,AC1-3..................................................................................................................18

SECTION 3: APPLY NEGOTIATION STEPS............................................................................19Introduction..........................................................................................................................................19The Joint Problem Solving Approach.....................................................................................................19

Define The Problem.............................................................................................................................................20Find Common Ground.........................................................................................................................................20Focus On The Real Need.....................................................................................................................................20

Insist On Using Objective Criteria........................................................................................................................20Invent Options For Mutual Gain...........................................................................................................................21Separate The People From The Problem.............................................................................................................21Be Hard On The Problem - Soft On The People....................................................................................................21Characteristics Of Effective Negotiating Behaviour.............................................................................................21Handle Negative Reactions.................................................................................................................................22Formative Assessment 3: SO3, AC 1-12..............................................................................................................23

SECTION 4: NEGOTIATION STRATEGIES..............................................................................24Handle A Deadlock...............................................................................................................................24

Mistakes To Avoid...............................................................................................................................................24Breaking The Rules.............................................................................................................................................25Alternatives.........................................................................................................................................................25Intervention........................................................................................................................................................25Formative Assessment 4: SO4, AC1-3.................................................................................................................26FORMATIVE ASSESSMENT..............................................................................................................................26Formative Assessment 1: SO1 AC 1 & 2..............................................................................................................26Formative Assessment 2: SO2,AC1-3..................................................................................................................26Formative Assessment 3: SO3, AC 1-12..............................................................................................................26Formative Assessment 4: SO4, AC1-3.................................................................................................................27

FINAL FORMATIVE ASSESSMENT.......................................................................................27Self evaluation....................................................................................................................................................27

PERSONAL INFORMATION

NAME

CONTACT ADDRESS

Code

Telephone (H)

Telephone (W)

Cellular

Learner Number

Identity Number

EMPLOYER

EMPLOYER CONTACT ADDRESS

Code

Supervisor Name

Supervisor Contact Address

Code

Telephone (H)

Telephone (W)

Cellular

INTRODUCTIONWelcome to the learning programmeFollow along in the guide as the training practitioner takes you through the material. Make notes and sketches that will help you to understand and remember what you have learnt. Take notes and share information with your colleagues. Important and relevant information and skills are transferred by sharing!This learning programme is divided into sections. Each section is preceded by a description of the required outcomes and assessment criteria as contained in the unit standards specified by the South African Qualifications Authority. These descriptions will define what you have to know and be able to do in order to be awarded the credits attached to this learning programme. These credits are regarded as building blocks towards achieving a National Qualification upon successful assessment and can never be taken away from you!

Structure Programme methodology

The programme methodology includes facilitator presentations, readings, individual activities, group discussions and skill application exercises.Know what you want to get out of the programme from the beginning and start applying your new skills immediately. Participate as much as possible so that the learning will be interactive and stimulating.The following principles were applied in designing the course:

Because the course is designed to maximise interactive learning, you are encouraged and required to participate fully during the group exercises

As a learner you will be presented with numerous problems and will be required to fully apply your mind to finding solutions to problems before being presented with the course presenter’s solutions to the problems

Through participation and interaction the learners can learn as much from each other as they do from the course presenter

Although learners attending the course may have varied degrees of experience in the subject matter, the course is designed to ensure that all delegates complete the course with the same level of understanding

Because reflection forms an important component of adult learning, some learning resources will be followed by a self-assessment which is designed so that the learner will reflect on the material just completed.

This approach to course construction will ensure that learners first apply their minds to finding solutions to problems before the answers are provided, which will then maximise the learning process which is further strengthened by reflecting on the material covered by means of the self-assessments.

Different role players in delivery process Learner Facilitator Assessor Moderator

Sakhisisizwe LG M3 13948 Page 2

What Learning Material you should haveThis learning material has also been designed to provide the learner with a comprehensive reference guide.It is important that you take responsibility for your own learning process; this includes taking care of your learner material. You should at all times have the following material with you:

Learner Guide This learner guide is your valuable possession:This is your textbook and reference material, which provides you with all the information you will require to meet the exit level outcomes.During contact sessions, your facilitator will use this guide and will facilitate the learning process. During contact sessions a variety of activities will assist you to gain knowledge and skills.Follow along in the guide as the training practitioner takes you through the material. Make notes and sketches that will help you to understand and remember what you have learnt. Take and share information with your colleagues. Important and relevant information and skills are transferred by sharing!This learning programme is divided into sections. Each section is preceded by a description of the required outcomes and assessment criteria as contained in the unit standards specified by the South African Qualifications Authority. These descriptions will define what you have to know and be able to do in order to be awarded the credits attached to this learning programme. These credits are regarded as building blocks towards achieving a National Qualification upon successful assessment and can never be taken away from you!

Formative Assessment Workbook

The Formative Assessment Workbook supports the Learner Guide and assists you in applying what you have learnt.The formative assessment workbook contains classroom activities that you have to complete in the classroom, during contact sessions either in groups or individually.You are required to complete all activities in the Formative Assessment Workbook.The facilitator will assist, lead and coach you through the process.These activities ensure that you understand the content of the material and that you get an opportunity to test your understanding.

Different types of activities you can expectTo accommodate your learning preferences, a variety of different types of activities are included in the formative and summative assessments. They will assist you to achieve the outcomes (correct results) and should guide you through the learning process, making learning a positive and pleasant experience.

The table below provides you with more information related to the types of activities.

Types of Activities Description Purpose

Knowledge Activities You are required to complete these activities on your own.

These activities normally test your understanding and ability to apply the information.


Types of Activities Description Purpose

Skills Application Activities You need to complete these activities in the workplace

These activities require you to apply the knowledge and skills gained in the workplace

Natural Occurring Evidence You need to collect information and samples of documents from the workplace.

These activities ensure you get the opportunity to learn from experts in the industry.Collecting examples demonstrates how to implement knowledge and skills in a practical way

Learner Administration

Attendance RegisterYou are required to sign the Attendance Register every day you attend training sessions facilitated by a facilitator.

Programme Evaluation Form On completion you will be supplied with a “Learning programme Evaluation Form”. You are required to evaluate your experience in attending the programme.Please complete the form at the end of the programme, as this will assist us in improving our service and programme material. Your assistance is highly appreciated.

AssessmentsThe only way to establish whether a learner is competent and has accomplished the specific outcomes is through the assessment process. Assessment involves collecting and interpreting evidence about the learners’ ability to perform a task.To qualify and receive credits towards your qualification, a registered Assessor will conduct an evaluation and assessment of your portfolio of evidence and competency.This programme has been aligned to registered unit standards. You will be assessed against the outcomes as stipulated in the unit standard by completing assessments and by compiling a portfolio of evidence that provides proof of your ability to apply the learning to your work situation.

How will Assessments commence?

Formative Assessments The assessment process is easy to follow. You will be guided by the Facilitator. Your responsibility is to complete all the activities in the Formative Assessment Workbook and submit it to your facilitator.


Summative Assessments You will be required to complete a series of summative assessments. The Summative Assessment Guide will assist you in identifying the evidence required for final assessment purposes. You will be required to complete these activities on your own time, using real life projects in your workplace or business environment in preparing evidence for your Portfolio of Evidence. Your Facilitator will provide more details in this regard.To qualify and receive credits towards your qualification, a registered Assessor will conduct an evaluation and assessment of your portfolio of evidence and competency.

Learner SupportThe responsibility of learning rests with you, so be proactive and ask questions and seek assistance and help from your facilitator, if required.

Please remember that this Skills Programme is based on outcomes based education principles which implies the following:

You are responsible for your own learning – make sure you manage your study, research and workplace time effectively.

Learning activities are learner driven – make sure you use the Learner Guide and Formative Assessment Workbook in the manner intended, and are familiar with the workplace requirements.

The Facilitator is there to reasonably assist you during contact, practical and workplace time for this programme – make sure that you have his/her contact details.

You are responsible for the safekeeping of your completed Formative Assessment Workbook and Workplace Guide

If you need assistance please contact your facilitator who will gladly assist you. If you have any special needs please inform the facilitator

Learner Expectations Please prepare the following information. You will then be asked to introduce yourself to the instructor as well as your fellow learners

Your name:

The organisation you represent:

Your position in organisation:

What do you hope to achieve by attending this course / what are your course expectations?


UNIT STANDARD 13948Unit Standard Title Negotiate an agreement or deal in an authentic work situation

NQF Level4

Credits5

Purpose This unit standard is intended as part of a qualification for managers of small businesses and junior managers of business units in larger organisations. The term business unit in this unit standard implies a small business, cost centre, section or department. The unit standard could be useful for any employee who is involved in situations where negotiation skills are required. Junior managers include, but are not limited to team leaders, supervisors, first line managers and section heads. The positionor term is used to describe the first level of management in an organisation at which an employee has other employees reporting to him/her.

Learning assumed to be in placeThere is open access to this unit standard. Learners should be competent in Communication and Mathematical Literacy at NQF Level 3.

Unit standard range For the purpose of this unit standard the term business unit is used to mean a cost center, department or

small business. Steps in the negotiation process include preparation, presentation, probing, bargaining and closing. Different types of closure include, but are not limited to, concession close, summary close, adjournment

close, or-else close and either-or close

Specific Outcomes and Assessment CriteriaSpecific Outcome 1: Explain the need for negotiation skills in business Assessment Criteria

Reasons why managers need negotiation skills are indicated with reference to the changing nature of the workplace and democratisation

The kind of decisions that lower level managers are required to negotiate is identified with reference to the management structure of organisation and labour legislation

Specific Outcome 2: Explain the steps in the negotiation processAssessment Criteria

The steps used in negotiation are named and explained in terms of what is entailed at each step Reasons why negotiations fail are listed and an indication is given of what negotiators can do to facilitate a

mutually satisfactory solution. The abilities needed by skilled negotiators are identified and an indication is given of how each ability can

contribute to the success or failure of a negotiation and at what stage of the negotiation each skill may be required.

Specific Outcome 3: Apply the steps in the negotiation process to an authentic work situationAssessment Criteria

The concepts of "favoured outcome`, "settlement point" and "point beyond which you cannot go" are explained for a selected scenario

The disadvantages to each party for each position are considered prior to meeting Possible points that the other party might raise are anticipated and a possible response to each identified

point is considered for the selected scenario A proposal is presented and a clear indication is given of what is and what is not on the table for a selected

scenario


A point-by-point summary of the proposal is compiled to ensure that both parties have a common understanding of the nature and extent of the proposal

Questions are asked to build common ground and establish the existence of any hidden agendas Shared interests, opportunities for cooperation and common principles are identified in order to facilitate

negotiation. A position is amended without sacrificing fundamental interests for a selected scenario Questions are asked for clarification and explanation Questions are asked to test understanding and to summarise understanding of a position Demands of the other party are analysed and a concession is proposed for a selected scenario The negotiation is closed for a selected scenario

Specific Outcome 4: Explain strategies that could be used in negotiationAssessment Criteria

Tactics that can be used to delay a negotiation are described with examples Methods that can be used to break a deadlock are explained with examples Different types of closure are identified and an indication is given of when each is suitable

Critical Cross-field Outcomes (CCFO) Learners are able to make decisions in identifying deciding on a position, anticipating responses from the

other party, conceding in negotiation and closing a negotiation Learners are able to collect, organise and evaluate information in preparing for negotiation and asking

questions of the other party Learners are able to communicate effectively and responsibly in negotiating in a selected scenario Learners are able to demonstrate an understanding of the world as a set of related systems when

recognising relation between the democratisation of the workplace and the need for negotiation skills

SECTION 1: THE NEED FOR NEGOTIATIONOutcomesExplain the need for negotiation skills in business

Assessment criteria Indicate reasons why managers need negotiation skills with reference to the changing nature of the

workplace and democratisation Identify the kind of decisions that lower level managers are required to negotiate with reference to the

management structure of organisation and labour legislation

IntroductionThe following section is written by Rick Freedman. He is the founder of CONSULTING STRATEGIES INC. a training firm that advises and mentors IT professional services firms in fundamental IT project management and consulting skills. He is author of THE IT CONSULTANT: A COMMONSENSE FRAMEWORK FOR MANAGING THE CLIENT RELATIONSHIP and two upcoming works: THE E-CONSULTANT AND BUILDING THE IT CONSULTING PRACTICE , both scheduled for publication in 2001. These extracts were taken in order to show the benefits and simplicity of negotiating.

The Big Fish…I (Rick Freedman) worked as the consulting services manager at the local branch of a large national IT services firm. After months of calling and pleading, I got the opportunity to pitch to the biggest company in my region. This Fortune 50 Company was a household name, and, more important to us, a huge user of outsourced IT services, from project services to desktop support.I brought our best salesman, and we made a powerful pitch that matched their needs exactly. The client told us that they were so pleased with our presentation that they were prepared to start implementation planning even before we negotiated the details of the deal!My salesman and I went out and smoked a couple of cigars in celebration. That was the last celebration we had. It was a downhill slide from there that ended with us out of the account and our competitor grabbing the prize from right under our nose.So what happened? We had the best solution. The customer loved us. We added real value to their project development process by bringing in experts from across our company to help them design their help desk implementation process.


We did one thing wrong: We negotiated badly.

…And How It Got AwayWhen I look back on this experience, it seems a perfect illustration of every error that can be made in the IT consulting negotiation process. Here’s what we did wrong.Our chief negotiator was a head-office cowboy who decided he didn’t need to confer with us before he came in to negotiate. As a result, we never got a chance to develop a coherent message and determine what roles to play in the negotiation. This led to us contradicting each other in the meeting and stepping on each other’s lines.And because we hadn’t huddled before the session, we had divergent understandings of the customer’s requirements and of our own pricing policy. Our hotshot negotiator also decided to try and intimidate the client’s representative, a ploy that had worked for him in the past but was totally out of place in this situation.Finally, the local team was granted authority to negotiate, but then the out-of-town guru got on the phone with the client and undermined our decisions.Looking back on the experience now, our approach was a recipe for failure:

Our team didn’t plan a negotiation strategy. Our negotiating team didn’t have the same goals. The roles and responsibilities of our negotiating team were never clearly defined. The power to negotiate was granted to us locally and then was taken away at the last minute. We had negotiators on our team who were more interested in “winning” at the negotiating table than in

getting the deal. Our negotiators also failed to separate the emotion and ego of the negotiation process from the desired

business result. If you’ve ever experienced any of these negotiating blunders, either on your side or on the client’s side, you

know how frustrating they can be. I look back ruefully at this missed opportunity, and I’ve vowed to never experience this bitter

disappointment again. What skills must IT consultants have to be sure that we don’t succumb to these negotiating traps? Let’s examine some basics of negotiation to set a foundation for our discussion.

What Is Negotiation? Negotiation is a process of formal communication where two or more people come together to seek mutual agreement about an issue.

A central part of this process involves each party trying to persuade the other party to do something in their best interests.

Negotiation can also be considered as the planning, reviewing and analysing techniques used by a buyer and seller to reach acceptable agreements or compromises.

The word “negotiate” is from the Latin for “to do business.” Every business transaction and most personal encounters, as well, involve some level of negotiation. From what movie to see or what restaurant to visit, all the way to the price, performance, and schedule for an information system, conflicting expectations and desires must be resolved, and agreements must be reached. Although negotiation is a natural part of human interaction, it also makes many people uncomfortable. Lots of us, for example, are conflict averse: When it comes to “fight or flight,” we’d rather fly every time.Others see negotiation as an exercise in deception and manipulation, in which we hide our true intent, try to intimidate or outwit our “opponent,” or try to “wait them out” by sitting silently as they present options.Many books and articles on the subject present negotiation as a set of “tips and tricks” designed to make the other guy squirm. Negotiation, like office politics, is an unavoidable part of business life that’s gotten a bad rap because of the way it’s practiced by some folks.So what is the right mindset to bring to the negotiating table?

Why Negotiate?

Negotiation is a process whereby two or more parties voluntarily discuss their differences and attempt to reach a joint decision on their common concerns


When individuals or groups are in conflict, attention usually turns to Communication, Negotiation, Mediation, Intervention, Facilitation, Accommodation or Arbitration.

All these processes are attempts to limit destructive confrontation and violence. They can be endlessly defined and redefined and allocated various shades of meaning but they have a great deal in common. If we want to develop negotiation skills we must begin by trying to understand more about the nature of human conflict itself. Basically it arises out of disagreement. Although most of us have been conditioned into regarding conflict as an unpleasant word, it is the manifestation. of the fact that people think and behave differently, according to their individual social and personal histories. It also occurs as a response to frustration and as an expression of aggressive and competitive instincts. Inner conflicts reflect our difficulties in coming to terms with life's challenge.The most valuable aspect of conflict is the energy that it generates, and conflict management is not an attempt to suppress this energy, but to use it constructively. Conflict caused by differing viewpoints may lead to harsh and painful situations or it can be transformed into creative and productive dialogue. Conflict will become easier to manage if we see it as inevitable but not necessarily destructive, and as a problem to be solved rather than a battle to beWe are all conditioned as children to handle conflict and anger in particular ways according to our culture, but through reflection and discussion we can modify our patterns of behaviour and learn to respond less automatically. To work well as a negotiator or mediator, you will need to develop your own relaxed ability to tolerate stress. Helping resentful people to listen to one another requires that you handle your own feelings of conflict objectively, and with great discretion. This summary of the main sources of conflict provides a useful starting point

The aggressive or competitive behaviour of human beings Frustration Competition for limited resources The introduction of change Drives for power Clashes between values (principles) and interests (preferences) Cultural influences/norms Misinformation, assumptions and expectations Role and status issues Goals/means/end clashes Neurotic games Poorly defined responsibilities.

Managers And Negotiation SkillsWhy do managers need negotiation skills? The workplace today is changing. There is less emphasis on line authority, where managers make decisions and employees have no say in the matter other than implementing the decisions.The workplace today is becoming more democratic in that there is more emphasis on team and team work where workers are also becoming part of the decision making process. one of the direct consequences of team work and team decision making is that there is less distinction between managers and workers.Yes, managers are still in control but teams and team members also have a say in how procedures are implemented in the organisation, where team members jointly decide on how the work is divided and controlled in order to meet the goals of the team.With the way the workplace is changing, managers today need the following skills:


Creative insight into the changing workplace and the things that motivate members of his workforce Sensitivity to individual and cultural differences that affect people’s perceptions of their world and their

place in the workplace Vision to lead his employees to give the best they can give in order to achieve the goals and objectives set

for them Versatility where the manager must be able to amend his style of management to suit the situation and the

people involved Focus so that he can focus on achieving the goals through the participation and collaboration of his workers Patience in order to understand why people do things differently, see things differently and sometimes

become obstructive Negotiation skills so that he can negotiate the agreement that best suits the team and the organisation.

Decisions Made By Junior ManagersOn a day to day basis junior managers make decisions about

Production schedules Placing workers in jobs best suited to them taking into consideration the

demands of the workplace Using of resources such as money, equipment, time Planning of overtime and leave, and so on.

As an example, if a machine breaks down, it will affect the production of the section. The supervisor has to make decisions about:

Repairing the machine: who must do it, what will it cost, how long will it take Where to place the workers who were working on that line in order to ensure that production carries on. He

can, for example, place them at other production points in order to increase production on those lines. Once the machine has been repaired, he can then place more employees on the line that has been standing

still in order to catch up production on this line, as the other lines should now be ahead of production.We can look at leave and sick leave as well. When a person goes on leave, the manager must decide who will take his place or he can divide the extra work among the other members of the team. This is why leave applications have to be done long before you actually go on leave, so that management can ensure that the production of the section is not affected. When a person calls in sick, the manager must make similar decisions but without the benefit of planning in advance. Now the manager must be able to negotiate with the other team members to ensure that production is not affected.

Formative Assessment 1: SO1 AC 1 & 2

SECTION 2: NEGOTIATE STEPSOutcomesExplain the steps in the negotiation process

Assessment criteria Name and explain the steps used in negotiation in terms of what is entailed at each step List reasons why negotiations fail and give an indication of what negotiators can do to facilitate a mutually

satisfactory solution. Identify the abilities needed by skilled negotiators and give an indication of how each ability can contribute

to the success or failure of a negotiation and at what stage of the negotiation each skill may be required.

IntroductionOnce negotiations have started, the attitude, as well as the skill and experience of the negotiators, will determine the success or failure of particular sessions. The selection of the negotiating team or individual is always difficult. Should they be tough bargainers or friendly and persuasive people? There is, of course, no answer to this question.


The best way to negotiate successfully is to maintain a constructive, firm and yet highly flexible attitude throughout the process and to persuade the other party to adopt a similar stand.

To negotiate means to trust in others for a solution that is easier to reach and works out better for everyone.Negotiation should be

a voluntary process which involves joint decision-making.

Negotiation takes place where two or more people with different views or interests meet to find a common solution to a problem or a dispute and decide what to do and how to go about it.

In this way an agreeable common ground or solution can be found. Importantly negotiation only takes place between people who have different ideas or views which they want to implement in a fair manner.Negotiation is about listening and exchanging views – it is not about winning! When negotiation is taking place it is important that neither party takes over the discussions and puts their own views forward without the consent of others.

Skills Required By NegotiatorsThe two main skills required by any negotiator is the ability to listen to the other party and the ability to apply different conflict handling strategies, depending on the situation.

Handling ConflictIn many conflict situations we can choose how to behave, how to respond. It is well worth reflecting on some of the most common ways of handling conflict because this will increase our awareness of the range of possible responses. It will also enable us to check out our usual reactions and consider whether they are appropriate for what we are trying to achieve in a particular situation.

Competing Competing is assertive and uncooperative - an individual pursues his/her own concerns at the other person's expense. This is a power orientated mode in which one uses whatever power seems appropriate to win one's own position -one's ability to argue, one's rank, economic sanctions. Competing might mean standing up for your rights, defending. a position which. you believe is correct, or simply trying to win.Uses:

When quick decisive action is vital - e.g. emergencies. On important issues where unpopular courses of action need implementing - e.g. cost cutting, enforcing

unpopular rules, discipline. On issues vital to company welfare when you know you’re right. To protect yourself against people who take advantage of non-competitive behaviour.

CollaboratingSmoothing, also called collaborating is, unassertive and cooperative – and often tantamount to giving in. A smoothing individual attempts to preserve the relationship at all costs, emphasising areas of agreement and failing to confront thorny issues.Uses:

To find an integrative solution when both sets of concerns are too important to be compromised. When your objective is to learn - e.g. testing your own assumptions, understanding the views of others. To merge insights from people with different perspectives on a problem. To gain commitment by incorporating other’s concerns into a consensual decision. To work through hard feelings which have been interfering with an interpersonal relationship.

Avoiding Avoiding is unassertive and uncooperative - the individual does not immediately pursue his/her own concerns or those of the other person. He/she does not address the conflict. Avoiding might take the form of diplomatically sidestepping an issue, postponing an issue until a better time, or simply withdrawing from a threatening situationUses:


When an issue is trivial, of only passing importance, or when other more important issues are pressing. When you perceive no chance of satisfying your concerns - e.g. when you have low power

or you are frustrated by something which would be very difficult to change (national policies, someone’s personality structure, etc.)

When the potential damage of confronting a conflict outweighs the benefits of its resolution.

To let people cool down - to reduce tensions to a productive level and to regain perspective and composure.

When gathering more information outweighs the advantages of an immediate decision. When others can resolve the conflict more effectively. When the issue seems symptomatic of another more basis issue.

Compromising Compromising is intermediate between assertiveness and cooperativeness. The objective is to find expedient, mutually acceptable solutions which partially satisfy both parties. It falls in the middle ground between competing and accommodating. It addresses an issue more directly than avoiding, but doesn't explore it in as much depth as in joint problem solving. Compromising might mean splitting the difference, exchanging concessions, or seeking a quick middle-groundUses:

When goals are moderately important, but not worth the effort or potential disruption of more assertive modes.

When two opponents with equal power are strongly committed to mutually exclusive goals To achieve temporary settlements to complex issues. To arrive at expedient solutions under time pressure. As a backup mode when collaboration or competition fails to be successful.

Joint Problem SolvingJoint problem solving is both assertive and cooperative - the opposite of avoiding. Joint problem solving involves an attempt to work with the other person to find some solution which fully satisfies the concerns of both persons. It means digging into an issue to identify the underlying concerns of the two individuals and to find an alternative which meets both sets of concerns. Joint problem solving might take the form of exploring a disagreement, in order to learn from each other's insights.

It is important to remember that each of these ways of handling conflict can be the right one under certain circumstances, and as a negotiator you will probably explore all of them.

Reflection and experience will develop your skill in selecting the most appropriate strategies as the negotiation moves through its various stages.

Listening skillsIn a conflict situation, listening to the opposition is difficult and it is likely to raise our level of stress. However, people are of little value as negotiators or mediators unless they can learn to listen constructively. Negotiation is a complex form of communication. It is communication in a defined field and with a clear goal - that of reaching some degree of agreement about, or even settling, a particular issue or problem. No one really understands the subtle process of communication between human beings but the more we analyse and reflect on listening, the better we will be able to hear the other party’s opinionsIn conflict situations emotional levels are usually high. This increases the likelihood that people will not really hear what others are saying and this may lead to an escalation of the conflict instead of its resolution.

A good negotiator tries to ensure that his own comments are being clearly heard and absorbed.


The first step is to open yourself to the incoming message, to let down your defences as far as you can, and to try to sense the real, underlying meaning of what is being said.

Listen for ideas, implications, feelings as well as facts.

As well as being able to hear, one must want, or at the very least, be willing to listen. The more serious the conflict the greater your resistance will be to this step. Taking brief notes may help to focus your attention but it may also distract you. If in doubt, don't.

The second step is to begin to interpret, or reconstruct, what is being said remembering always that words have different meanings for different people. Keep asking yourself whether you are really understanding the message. Do your best to listen with full attention and to withhold judgment and criticism at this stage. Don't jump to conclusions before the story is told.

The third stepOnly as a third step, when you have made a reasonably objective interpretation of the message, should you begin to evaluate what is being said. At this point you reflect on the information and opinions being presented and you sift the evidence. Unfortunately, judging often starts far too early in the listening process especially when the topic has emotional implications or when there has been a long history of painful conflict.

Unskilled listeners close their ears to words they do not want to

The fourth stepThe fourth stage is responding. Here you demonstrate that you have truly been listening. Reassuring the speaker that you have been giving him full attention is a critical aspect of constructive listening. Feedback is usually given by asking for clarification or for more information, or at least giving some visible acknowledgement by smiling or frowning. This responding or reacting stage will have a major influence on the negotiating process.

Why Do Negotiations Fail?There are many reasons for the failure of negotiations. We will discuss some of them.

Inadequate Communication Skills Not being able to state your case clearly. You have to make sure that you can state your case clearly and

unemotionally. You have to make sure that the other party understands your point of view. They do not have to agree, but they have to understand what you mean.

Not listening to the other party’s point of view. We all tend to think that we are right and the other party is wrong. The biggest problem here is that the other party feels the same way. In the end both parties are wrong and right, but not necessarily about the same arguments. You as the negotiator have to understand this.

An easy example is wage increases. The workers want 10%, because this is what they have been getting for the past five years. The employer wants to link increases to inflation, which is 6%, and production figures, because production is linked to the profit of the organisation and without profit there will be no increases.Both parties are right and both parties are wrong. The employees are right to request an increase in their wages and salaries, but they are wrong to demand a wage increase based on past history, without taking into account what is happening in the economy and what is happening in the business. If there is no business there will be no wages at all.The employer is correct in putting the interest of the business first, but should also think of other ways of improving production, such as bonuses, motivation and training of employees, etc.


The idea of linking wage increases to the inflation rate is also correct, but the employer should not only consider last year’s inflation rate but also next year’s inflation rate, which is the year in which the increases will come into effect. If indications are that inflation will go up to 7% or 8%, the employer should also consider the impact of this on the income of the employees.Can you see how both parties are right and wrong? From the above example, an increase of 7% to 8% would be fair to both parties.

Inadequate Preparation Before you go into the negotiation proceedings you have to know

which of your demands or proposals are not negotiable, on which demands or proposals you can compromise and which demands or proposals are not really important and can be negotiated away. Not everything in

life is equally important.

It is important not to go to the negotiation proceedings with your final demands or proposals. You have to start at a point that is more than you want, and you must bring to the negotiation process proposals on which you can compromise, so that you can be seen to be willing to negotiate. You also have to know what the other party is demanding or proposing. Only when you know this can you prepare yourself well. If you know what the other party is demanding and you know which demands from your side can be compromised, can you prepare properly.

Bad Conflict Handling SkillsIf you go into the negotiation process with a negative attitude, intent on getting everything your way, not prepared to listen to the other party’s point of view, you might as well stay away. Negotiation is a process of taking and giving. No negotiator can enter into negotiations:

Without being prepared to handle conflict that may arise, Without looking at his own way of handling conflict and improving thereon Without a positive attitude and a commitment to finding a solution Without being prepared to take something and give something.

In our example of wage increases above, the ideal solution was giving and taking by both parties. The employees got a reasonable wage increase, while sacrificing a small percentage of their demands. The employer gave more than he wanted, and got in return good relations with the workers, a better understanding of the financial workings of the business by the employees and a motivated workforce.As an example of just how far apart the two opposing parties entering into negotiations can be, here is a survey of some of the reasons which may prevent constructive negotiations. The two parties are called the Establishment Group, which can be employers, transport operators, government, etc.

The Establishment Group doesn't recognise the problem doesn't recognise the seriousness of the problem believes conditions will improve without negotiations doesn't acknowledge the legitimacy of the protest group doesn't trust the protest group doesn't believe the protest group is representative of the community doesn't believe the group can sustain the protest lacks the political support necessary from its constituency to negotiate with this group at this time, on this

issue bad timing, overriding political concerns (imminent election contract renewal) doesn't want to give up power or resources would appear to be backing down if it agreed to negotiate is bound by strong ideological background.

The group that is called the community group can be employees, commuters making use of transport operators, people eligible to vote or action groups such as HIV/AIDS activists

The Community Group needs time to build community support


needs protest activity to gain community support needs time to heighten community awareness hasn't finally decided on what is and what is not negotiable internal dissension (power struggle for leadership) personal agendas of leaders (fear of losing jobs or losing elections) doesn't trust the establishment wants to go to court for legal precedent would appear to be backing down if it agreed to negotiate bound by strong ideological principles

Can you see how far apart these two groups are? The negotiators for both groups have to find some middle ground in order to reach any form of agreement. As stated previously, not everything in life is equally important.To use HIV/AIDS activists as an example. The activists want anti-retroviral drugs distributed to all people with HIV/AIDS. This is a fair request, as these drugs do not cure HIV/AIDS but lengthens the life expectancy as well as the quality of life of people who are infected.The government wants people with HIV/AIDS to follow a more balanced diet, which will also increase their quality of life and assist their immune systems to combat the disease. The government also wants people who are not infected to make sure that their life styles do not put them at risk. Though their points of view may seem far apart, they already have middle ground: surely promoting a healthy diet together with supplying anti-retroviral drugs cannot be a bad combination. If they join hands rather than fighting through the press, they can promote better eating habits and better life style choices to the benefit of the entire community. This would surely be a better way of doing things than both parties taking a hard line stance and refusing to give as well as take.The same can be said for transport operators and commuters, as well as employees and employers.

Steps In The Negotiation ProcessPreparation

The first step in the bargaining process is to prepare. Follow these steps:

Gathering Information You have to be clear about ideas and views held by others and you must also identify the position of others before beginning to negotiate. You also have to clarify where a common ground can exist). Find out what they think and where they stand so that you can find a point where you all agree. Always make sure that you are well prepared so that you are not caught off guard.

Set the climateYou have to be firm and flexible and you have to choose the order of priorities and leave your ego at home. Commit to the negotiation process. Commit to finding a solution that is acceptable to everyone.Decide on your problem solving strategies beforehand.

Define goals What do you want to achieve? Which issues are not negotiable? Which issues are negotiable

Setting Bargaining ObjectivesOnce you have set the goals, break them down into objectives. Once again, decide:

What do you want to achieve? Which issues are not negotiable? Which issues are negotiable When you set bargaining objectives and goals, you also have to consider the following: favoured outcome: the ideal outcome for your organisation, what would be the best solution

according to your goals and objectives settlement point: this is determined by what you are prepared to give as opposed to what you

take. If we look at the wage increase example, the favoured outcome from the employer’s point of view would be an increase of 6%, but after looking at the financial status of the company, you can negotiate up to 7 to 8%. An increase of 7% is then your settlement point.


point beyond which you cannot go: the company’s financial situation does not allow you to go higher than 8%. This is the point beyond which you cannot go.

The union representative should also determine a favoured outcome, a settlement point and a point beyond which they cannot go. They know that if they demand 10% and the employer offers 6% that there is room for negotiation, but that the negotiations will probably not result in an increase of 10%. They will hope for an increase of 9%, settle for 8% and not be prepared to go beyond 7%.

Obviously, a favoured outcome would also be an outcome that both parties are happy with, a settlement point would be the point at which both parties settle and the point beyond which the parties cannot go can lead to a deadlock.

Clarify the issuesIn most conflict situations realistic negotiators are interested only in the most relevant circumstances. A broad understanding of the background is important, particularly a knowledge of any previous attempts at negotiation.. However, getting bogged down in arguments about history is usually a waste of time. Your main need is to understand the mood and the aspirations of the individuals that you will be talking with so that the common interests and common hopes can be put in the foreground.As a negotiator one of your prime responsibilities will be to present your group's perception of the conflict. Discussion may occur at formal meetings round a negotiating table or in a street-corner cafe, but whatever the surroundings, your objective is always the same. You want to put your case across in such a way that your opponents cannot fail to understand more clearly than before the needs and aspirations of your group. Their reactions cannot be predicted but it is your task to give them the clearest possible picture to start with.

Prepare for conflictOne of the best defences against disconcerting statements is wide knowledge of the background of the conflict situation. The more information you are able to acquire before the negotiation starts, particularly about the other party's plans, the better equipped you will be. Spend time investigating the surrounding circumstances and collect unbiased opinions. The object is not to quote facts which will put the other group at a disadvantage, nor to create a critical climate, but to be prepared for the unexpected and not to overreact to it

Compromise/resolutionYou have to determine what is vital for the success of the organisation and keep these points in mind when going into negotiation. However you should also remain realistic and think about both the ideal agreement or conclusion and the worst possible settlement which might have to be accepted.

At this stage you should also consider the disadvantages of each party to each bargaining position. If we use the wage increase example quoted earlier, what happens to the business and the employees if an agreement is not reached and the employees go on strike:

The business has a shortage of skilled workers and has to employ workers who are not trained in the company’s procedures. The business will lose money while the matter is sent for mediation or arbitration. This is not ideal, if an agreement can be reached with just little effort.

The employees will not be paid for the entire period they are on strike. Can they really afford to do that for a mere 1% or 2% extra on their wages?

To calculate the impact on the employees, let us take a salary of R5000 per month. The offer on the table has gone up from 6% to 8%. The union, on behalf of employees, is demanding 10%. A 10% increase on R5000 would be R500 per month, or about R22,73 per day. If the union accepts the offer of 8%, the increase would be R400 per month, or about R18,18 per day.

If the employees go on strike for a period of two weeks, they will lose R5400 per month, or R245,45 per day, of which R18,18 per day would be the value of their increase, in order to gain R4,55 per day – the difference between a 10% increase and an 8% increase.

If the strike lasts for fourteen days, the worker will have lost R3436,30. How long must he now work to make up this loss if he gets an increase of 10%? He lost R3436,30 in order to gain R4,55 per day, so R3436,3 divided by R4,55 means that he must now work for 755 days to make up the loss. This is a period of more than two years.

So, the question remains, was it worth it? should the workers not have settled for the 8% increase?

There would also be a cost to the business as production will be lower, there is negative publicity which impacts on the name of the business and there is a loss of faith between management and employees. In the end, taking a hard-line view means that everyone loses.


Always consider the disadvantages of not reaching a compromise as disadvantages impact negatively on both parties.

Prepare your proposalNow you have to prepare your proposal. In your proposal, state clearly what is negotiable, or on the table, and what is not negotiable. Then compile a point by point summary of the proposal so that both you and the other party have a common understanding of the nature of the proposal as well as the extent of the proposal.

Developing a StrategyWhen developing your strategy, think about the following:

Negotiation relationship styles and how you are going to use them Questioning styles and how you will use questions to understand the other party’s point of

view Conflict styles and how you will manage them How styles influence negotiating: which style to use for which step in order to influence the

negotiations How to resolve a conflict

Getting startedWhen starting negotiations it is important to set an environment that will help the parties to reach an agreement. This means that you have to be friendly but firm. You can never be aggressive, this has a negative impact on the other party and therefore on the negotiations. If the other party is angry and aggressive, you have use conflict management to calm them down and open them up for the negotiation process.

Building UnderstandingOnce the negotiation process has started, you have to build understanding between yourself and the other party. You can do the following to ensure that you build understanding:

Communicate main points effectively by paraphrasing, summarising, etc Listening to the other party Ask questions When the discussion is becoming heated, consider adjourning the discussion for

a body break, tea break, etc. Testing arguments and positions: you have to test the other side’s arguments

and bargaining positions. Remember that negotiation is a process of giving and taking until a mutual agreement is reached.

When preparing your proposal, keep these guidelines in mind: Know what you want to say and what you do not want to say Use words that tell what is on your mind in such a way that the listener will get

the same picture Provide actual examples to make your point Separate what you think (assumptions and opinions) from what you know (facts) Encourage feedback. Check for understanding Keep the talk centred on the main problem, not side issues Try to make the other person feel good, and important

BargainingThe bargaining process usually includes:

Getting and making concessions her you will refer back to your bargaining objectives. From these you will know which concessions you can make and which objectives are really not negotiable.

Breaking deadlock: at times during the negotiation process it could look like agreement cannot be reached. There are strategies for trying to break this deadlock.

Moving towards agreements: once the concessions have been made and given and deadlocks have been broken, the parties will start moving towards

agreements on the issues at hand.


ClosingWhen closing negotiations, do the following:

If an agreement has been reached, summarise the agreement points and get commitment from both parties to uphold the agreements. Ideally, these agreements should be put on paper and signed by both parties.

If an agreement has been reached but the negotiators have to go back to their organisation or members to confirm, set a follow up date to finalise the proceedings.

If an agreement has not been reached, both parties have to agree on the next step: set a new meeting to discuss issues that have not been resolved, maybe using a facilitator, mediation or arbitration

Walking out of the negotiation procedure is also a way of ending negotiations, but this is a very negative step.

Strikes and legal proceedings should really be a last resort, once all the other options have been tried and no agreement was reached.

Formative Assessment 2: SO2,AC1-3


SECTION 3: APPLY NEGOTIATION STEPSOutcomesApply the steps in the negotiation process to an authentic work situation

Assessment criteria The concepts of "favoured outcome`, "settlement point" and "point beyond which you cannot go" are

explained for a selected scenario The disadvantages to each party for each position are considered prior to meeting Possible points that the other party might raise are anticipated and a possible response to each identified

point is considered for the selected scenario A proposal is presented and a clear indication is given of what is and what is not on the table for a selected

scenario A point-by-point summary of the proposal is compiled to ensure that both parties have a common

understanding of the nature and extent of the proposal Questions are asked to build common ground and establish the existence of any hidden agendas Shared interests, opportunities for cooperation and common principles are identified in order to facilitate

negotiation. A position is amended without sacrificing fundamental interests for a selected scenario Questions are asked for clarification and explanation Questions are asked to test understanding and to summarise understanding of a position Demands of the other party are analysed and a concession is proposed for a selected scenario The negotiation is closed for a selected scenario

IntroductionNever ignore or underestimate people’s feelings about a matter. To the other person, as to yourself, his/her feelings are valid, legitimate and important. Usually, you will have to deal with the feelings before you can deal with the problem. Think about a soccer game (or a rugby game), where the referee has made a decision that one team (and their supporters) do not agree with. The problem could be the decision made by the referee, or maybe the conduct of one of the team members. However, everybody’s feelings get in the way and sometimes results in physical violence against people who actually have nothing to do with the conflict.

According to the rules of the game, the referee’s decision is final and should actually not be questioned by anybody. In fact, it is a game that is supposed to relax us, not cause stress. Yet, how many times has a disagreement about a referee’s decision caused conflict that led to physical aggression?Whenever you find yourself in a conflict, always remember that you yourself as well as the other person has feelings about the conflict. Also remember that these feelings have to be dealt with before you even attempt to solve the problem.

Always bear in mind that the other party’s feelings about the conflict is also valid, even though their feelings might be different from yours.

Your point of view is not the only valid point of view when looked at in the context of the human race, your point of view is probably only valid to you.

Never abuse another person because his/her point of view is different from yours.

The Joint Problem Solving ApproachThis approach to negotiation appears to provide the most fair and just alternative in the strive to reach a solution. It is based on the following assumptions:

that both parties are capable of competing, but wish to avoid large scale and violent confrontation


that there is sufficient common ground to make consultation that some mutually acceptable programme of changes can be found through honest discussion

On the basis of these assumptions and given far-sighted participants, the negotiating process could be developed along the same lines as solving problems or making decisions in the workplace:

Define The ProblemStart the negotiation by carefully describing, defining, or redefining the conflict. Representatives of the two parties should work together, so that the negotiation process incorporates the real needs of both groups. This definition will provide the foundation for the joint approach to the problem, so the clear and honest expression of both points of view will need to be respectfully acknowledged if the process is to move forward. Allow plenty of time for reflection, questions and discussion so that both parties can gain sufficient insight to agree on a working definition. Both opinions and feelings will need to be openly stressed. A definition will be useless if certain views, aims or resentments have been suppressed.This initial stage will confirm that each party respects the other as a valued and equal party in this negotiation. Basic ground rules for the discussion process should include the undertaking that parties will listen courteously to one another and will avoid interruptions or destructive personal criticism.

Find Common GroundOnce the true nature and main features of the conflict have been objectively and jointly defined, the negotiator can explore the possible ways of reducing the immediate pressure, and moving towards resolving or at least accommodating the conflict.It is at this point that conflicting parties have to decide whether to take up bargaining positions at opposite ends of the negotiating table (i.e. positional bargaining) or sit side by side and discuss together the real merits, and the basic principles underlying the conflict (i.e. principled negotiation).This of course assumes that you, as a negotiator, want to engage in constructive rather than destructive or time-wasting discussion, and offers some guidelines for your consideration.

However, every negotiating situation is different and there can be no hard and fast rules. It is only our attitude, approach, and awareness that can be developed through reading reflecting and then practising creative negotiation skills.

Focus On The Real Need

Focus on the real needs and not on hard-line positions.

This will enable you to fight hard for real interest but leave you free to adapt hard-line positions that may have become outdated. Hold on to those genuine needs that are of central importance to your cause but don't cling to earlier hard or fast positions that have become less important.If we look at the example of HIV/AIDS activists again, what are the real needs of both parties?

The activists want to ensure a quality of life and a longer life through the use of antiretroviral drugs. The government wants to promote a healthy diet which will also improve the quality of life and could

possibly also contribute to a longer life for people who are infected. The government also wants to promote a safe lifestyle

Unfortunately, the hard line position both parties take, especially when talking to the press, tends to make the real needs obscureGenuinely open discussion is bound to highlight basic human needs, and core values that are shared by all parties; such as the need for security, a sense of belonging, recognition, and control over one's own life. These needs are not scarce resources that have to be divided up or parcelled out, like property. They are not in short supply in a just society, and the goal of every negotiation should be to work towards the fulfilment of these needs.

Insist On Using Objective CriteriaWork towards a solution that is based on principle rather than pressure. Principled negotiation means coming to decisions that are based on merit, on moral grounds, rather than using threatening or haggling tactics. If an agreement is to work in the long term it must be based on mutual respect and equality. Imposed solutions based on power cannot last, and they tend to corrupt the whole society. Be open to reason but closed to threats.

Invent Options For Mutual GainAs a negotiator you may believe that you know the best answer, but this attitude presents major obstacles. It leads to premature judgement, searching for the one and only answer, and thinking that solving 'their' problem is 'their' problem. Perceptions of the conflict situation need to be broadened and changed so that new, imaginative and creative solutions can be explored.


A joint brainstorming session might help to loosen up fixed positions. everyone throws out wild ideas about solutions and however extraordinary they may sound they are written up. No evaluation or discussion and, particularly, no criticism should occur at this stage so that ideas can flow freely. In the discussion which follows negotiators dismiss

the nonsensical comments but give careful attention to those that seem meaningful The ability to invent options is one of the most valuable skills that a negotiator can possess.

Separate The People From The ProblemNegotiators are people first. Every negotiator has two interests:

the substance of the conflict and the relationship with the contending party.

The relationship tends to get entangled with the problem - separate the two.Put yourself into their shoes. Don't deduce intentions from your fears. Don't blame them for your (the) problem. Speak about yourself, not them. Face-saving is important, so make your proposals consistent with their values.

Build a working relationship so that you face the problem together, rather than confronting one another.

Be Hard On The Problem - Soft On The PeopleDuring discussion try to find some common ground in what the other party has just said before bringing up difficulties. If this attitude is maintained, and modifications are suggested courteously by both sides, it is likely that the discussion will be constructive.

Characteristics Of Effective Negotiating Behaviour Treating the other person with dignity and respect. Clearly and honestly stating your position and the reasons for it. Letting the other parties tell their stories without interrupting or judging. Listening with your full attention and trying to understand. Conceding that the other party may be just as sincere as you are, and may be right on some issues. Acknowledging that your position may not be totally correct (or even reasonable) and that they were good

negotiators and have arranged a fair deal. Giving feedback or responding, is a very valuable part of negotiation and needs careful handling. A careless,

critical or impatient comment or interruption may cause a permanent rift in a personal relationship and damage the on-going attempt to develop trust between the parties. However, disagreements and doubts have to be expressed, and it is here that the skill and tact of a negotiator can make or break a particular session.

Consider these suggestions on how to give feedback so that it causes the least possible damage. Focus on the behaviour not the person Share information and ideas, don't give advice Be specific, not general Explore alternatives, don't give answers or solutions Discuss observations, not inferences Be descriptive, not judgemental Deal with the here and now and not with behaviour in the abstract Receiving and using feedback constructively is often even more difficult than giving it with due care.

Negotiators and mediators need to exercise endless patience and tolerance and learn not to react to deliberate (or accidental) provocation. Overreaction to stress is very common, and your main safeguard-against it is to be relaxed and psychologically prepared.

One of the best defences against disconcerting statements is wide knowledge of the background of the conflict situation. The more information you are able to acquire before the negotiation starts, particularly about the other party's plans, the better equipped you will be. Spend time investigating the surrounding circumstances and collect unbiased opinions. The object is not to quote facts which will put the other group at a disadvantage, nor to create a critical climate, but to be prepared for the unexpected and not to overreact to it.In most conflict situations realistic negotiators are interested only in the most relevant circumstances. A broad understanding of the background is important, particularly a knowledge of any previous attempts at negotiation.. Your main need is to understand the mood and the aspirations of the individuals that you are talking with so that the common interests and common hopes can be put in the foreground.


As a negotiator one of your prime responsibilities will be to present your group's perception of the conflict. You want to put your case across in such a way that your opponents cannot fail to understand more clearly than before the needs and aspirations of your group. Their reactions cannot be predicted but it is your task to give them the clearest possible picture to start with.

Know what you want to say and what you do not want to say Use words that tell what is on your mind in such a way that the listener will get the same picture Provide actual examples to make your point Separate what you think (assumptions and opinions) from what you know (facts) Encourage feedback. Check for understanding Keep the talk centred on the main problem, not side issues Try to make the other person feel good, and important

Handle Negative ReactionsSometimes you may sense that a climate of rejection is building up against you at the negotiating table. Consider how these guidelines could help to reduce the other party's negative reactions

Don't abruptly disapprove or contradict someone's statement. Instead ask for clarification or additional information to support what was said.

Find a point of agreement to build on rather than disagree.. If you can't find something agreeable in the content of the discussion, agree with the feelings of the other person.

Control your own natural ego-building desire to get the upper hand by showing up weaknesses in the other point of view. Do question those points that are not supported by examples or facts, when you notice them, but do so in a way that keeps the other's self esteem intact.

Use every opportunity to positively reinforce the other person's behaviour, ideas or actions.

Remember that people want positive attention paid to what they say and do. They want acceptance of themselves and their ideas whenever possible.Rarely does anybody change their mind by being asked, told or directed to do so. If you want to influence the listener to see things differently, avoid using threatening language, verbal or nonverbal. By doing so, you can decrease the need for the listener to become defensive.

Anticipate resistanceAnticipate the things that would influence the listener to resist; take them into account, empathise and know the other person. You can get to know others by being aware of

their beliefs and how they look at the world what makes them feel comfortable, confident what throws them off balance what kind of phrases get through to them and what things they do that are effective or ineffective.

Build credibilityPeople resist others less and listen to them more because of credibility. Whenever possible, build your credibility through knowledge dependability and trustworthiness and energy and drive.

Formative Assessment 3: SO3, AC 1-12


SECTION 4: NEGOTIATION STRATEGIESOutcomesExplain strategies that could be used in negotiation

Assessment criteria Describe tactics that can be used to delay a negotiation with examples Explain methods that can be used to break a deadlock with examples Identify different types of closure and give an indication of when each is suitable

Handle A DeadlockIf the discussions seem to be getting hopelessly bogged down don’t lose heart. Here are some alternative strategies to use at an impasse or deadlock.

Ask for a break - don't threaten to walk out Recap. Test whether change is possible Doomsday tactic - describe negative results of the negotiating Express how you feel Change the subject. Put the problem aside and try a new issue. Bring up a simple non-contentious issue on which you agree Discuss alternatives that are available, from negative to positive Make strategic disclosures of information Ask a hypothetical question - structure it carefully and not too soon Give or get empathy Draw a diagram of the differences - use blackboards, flipcharts, to show that

differences are slight. Give something to get something Talk about past or future needs. Get away from the present Move the. location, change seating, try standing

Mistakes To AvoidHere are a few of the main mistakes that negotiators tend to make, together with some indications of how best to avoid them. It may be useful to check these out during an actual negotiation.

Poor use of questions: too few questions or failure to await answers. Make sure that your questioning technique improves before the negotiations

Badly handled disclosure of information: control the flow, disclose information in stages. You would not go to the negotiation table and lay your whole strategy down at the start. It is important to disclose information at the right time in the process.

Mismanaging the presentation of issues: lack of structure and preparation. Ensure that your preparation is complete and that you know exactly what you want.

Failure to realise that there are different phases in discussion of issues. Some are amenable to being resolved in one phase, others not. Attempt to get to the meaning in principle use broad statements covering things in common e.g. we are here to negotiate, we need each other

Overreacting to stress: prepare in advance to deal with it Don't say 'You're threatening me'; rather say 'I don't know if you meant it that way but I took it to be a

threat.' Rejecting alternatives: be creative; don't make hasty judgments Not disclosing how you feel: It is sometimes good to let the other party know how you feel. Not listening attentively Not encouraging all members of the negotiating team to contribute

Suggestions Avoid attempting to resolve major issues before gathering relevant information


Be attentive to potential problems associated with proposed settlement Use the agreement-in-principle method to keep things going. Classify issues into those which (a) can be discussed substantially at the outset (b) require more information

(c) may involve problems Do not confuse negotiation with debates: do not attempt to reach settlement; they increase resistance.

Breaking The RulesSometimes, even though both the conflicting parties have agreed to use principled negotiation and a straightforward approach, your opponent may start to use deception, personal attacks, threats, leaks to the press, escalating demands, calculated delays or power pressures of some sort. Try ignoring these tactics or laughing them off. If they persist, confront a particular strategy directly by focussing full attention on it. Point out that by using devious or dirty tricks the other party is breaking the ground rules. Don't be tempted to retaliate in kind. Keep pointing out that you are fully aware of your opponent's strategy and that you have no intention of becoming a victim.

AlternativesIn a situation of violent conflict, even before negotiating starts, each party will have decided on the play they intend to follow if no agreement or even truce can be reached. The strength and clarity of this plan will exert considerable influence on their readiness to make concessions or even to prolong negotiations. This plan is called BATNA - the Best Alternative to Negotiated Agreement. The more grave the confrontation, the more important it is that both parties consider the full implications of carrying out their 'best alternative' to negotiation.In working towards a long-term agreement, it is exceedingly important to find a solution that will satisfy both the conflicting parties, otherwise the peace that has been made will not last long. If one side feels cheated the 'cease-fire' will be used by the dissatisfied party to gather strength for the next challenge. These three questions need to be asked when negotiation seems to be failing.

Have we a mutual interest in preserving the relationship? What opportunities lie ahead for cooperation? What costs would we bear if negotiation were to fail?

Intervention Here are some of the conditions that signal the need for intervention in conflicts.

Increased tension and polarisation Deteriorating lines of communication Inaccessibility of rigid officials Greater media attention Designation of scapegoats Heightening of hostility and fear Intensification of demands An increase of law enforcement Proliferation of rumours Threats or acts of violence

Mediation Mediation and negotiation are very closely allied indeed. In fact, mediation is an extension of negotiation because it brings an added dimension, a third party, into the process. It may occur at an early stage of conflict or it may be called for when negotiations have broken down. The mediator, as an independent third party, examines the dispute, establishes how far the parties have gone towards meeting each other, points out where hostility has clouded the debate and suggest alternative for resolving the differences.There is no obligation on either party to the dispute to accept a mediator’s proposals.

The role of the mediator is to restore the relationship between the two parties and to identify any irrational issued or unrealistic assumptions that might have led to the deadlock.It is therefore important to appoint a mediator who is acceptable to both parties and who will maintain his or her role as a neutral person.The need for mediation has to be recognised by both parties and both have to agree to a particular mediation.


Facilitation A facilitator acts as a 'communication specialist' and will carry out whatever tasks are needed to improve the quality of the discussion between the parties. These responsibilities may include making all the practical arrangements, acting as impartial chairman and even perhaps asking questions when clarification seems to be required, or misunderstanding reaches a high level.S/he will have an interest in facilitating communication but will not feel responsible for the outcome of the discussion.

ArbitrationArbitration can be voluntary or compulsory. When parties have reached a deadlock, the dispute is referred to an arbitrator. s/he will make a decision and both parties are obliged to abide by it, whether the arbitration is voluntary of compulsory. The arbitrator is usually appointed with the consent of both parties.

Formative Assessment 4: SO4, AC1-3FORMATIVE ASSESSMENT

Formative Assessment 1: SO1 AC 1 & 2Group activity

Discuss decision making and negotiating in your groups. What decisions do you make every day? Are you part of a team? How do you negotiate with the team members when production is interrupted due to a breakdown of

equipment or unexpected sick leave? Do you use group decision making? How does the team make decisions? Do the team members feel that the workplace is more democratic because they are part of the decision-

making process? How do you or your team leader negotiate agreements about leave and overtime? Present your findings to the rest of the class for discussion.

Formative Assessment 2: SO2,AC1-3Group ActivityBreak up into groups of four. Take five minutes to list three examples of conflicts and disputes of importance to you in your work and in your life where negotiation could be used effectively. After the discussion, each person in the group, in turn, tells the group, very briefly, about one idea and then discussions, questions and suggestions are discussed within the group. In every case, consider whether mediation might be useful. These discussions provide practice in considering conflicting viewpoints in real life situations, and exploring solutions. The most effective way of practising negotiations in small groups is to participate in role play Formative Assessments.

Formative Assessment 3: SO3, AC 1-12Group activityDivide into groups of three or four people. There should be an equal number of groups, since the groups will take opposing points of view. The subject will be HIV/AIDS and the supplying of antiretroviral drugs. Half the groups will be activists and the other half will be the government.In your groups, do the following:

Select a chairman and a secretary for each group Prepare for the negotiations by: gathering information so that you can anticipate points that the other party

can raise. Once you have identified these points, consider a possible response to each point. Set your goals and objectives and draw up your proposal. Take into consideration favoured outcome,

settlement point and the point beyond which you cannot go. Make sure that your proposal states what is negotiable and what is not.


Draw up a point by point summary of the proposal so that both parties are clear about the nature and extent of the proposal.

Consider the disadvantages to each party if an agreement is not reached. List these disadvantages. Conduct the negotiations, following the steps and guidelines given in the learner guide. Ensure that

questions are asked to build common ground. All the group members must make notes of the questions and the responses of the other party.

Identify shared interests and opportunities for cooperation to facilitate negotiation. During the bargaining process, make sure that your group also gives by amending a position without

sacrificing the fundamental interests of your group Use questions to test understanding and also to summarise understanding of a position. Analyse the demands of the other party and propose a concession Once all the points have been discussed, close the negotiation by summarising the points on which

agreement has been reached, as well the points on which agreement has not been reached. Decide on future steps.

Individual activity Write a report about the negotiation proceedings. Attach the proposal and the summary to the report.

Formative Assessment 4: SO4, AC1-3 In pairs, discuss tactics that can be used to delay negotiations. Use the HIV/AIDS example to guide you.

Give examples of each method. Discuss methods that can be used to break a deadlock. Give examples of each method. Demonstrate your work to the rest of the group

FINAL FORMATIVE ASSESSMENTSelf evaluation

Specific Outcome 1: Explain the need for negotiation skills in businessAssessment Criteria

Reasons why managers need negotiation skills are indicated with reference to the changing nature of the workplace and democratisation

The kind of decisions that lower level managers are required to negotiate is identified with reference to the management structure of organisation and labour legislation

1. Give at least two reasons why managers need negotiation skills 2

2. Give at least two examples of decisions that supervisors make 2

Specific Outcome 2: Explain the steps in the negotiation processAssessment Criteria

The steps used in negotiation are named and explained in terms of what is entailed at each step Reasons why negotiations fail are listed and an indication is given of what negotiators can do to

facilitate a mutually satisfactory solution. The abilities needed by skilled negotiators are identified and an indication is given of how each ability

can contribute to the success or failure of a negotiation and at what stage of the negotiation each skill may be required.

3. List the steps in the negotiation process 10

4. List three reasons why negotiations fail. Explain what can be done to ensure that negotiations do not fail

6

Specific Outcome 3: Apply the steps in the negotiation process to an authentic work situation


Assessment Criteria The concepts of "favoured outcome`, "settlement point" and "point beyond which you cannot go" are

explained for a selected scenario The disadvantages to each party for each position are considered prior to meeting Possible points that the other party might raise are anticipated and a possible response to each

identified point is considered for the selected scenario A proposal is presented and a clear indication is given of what is and what is not on the table for a

selected scenario A point-by-point summary of the proposal is compiled to ensure that both parties have a common

understanding of the nature and extent of the proposal Questions are asked to build common ground and establish the existence of any hidden agendas Shared interests, opportunities for cooperation and common principles are identified in order to

facilitate negotiation. A position is amended without sacrificing fundamental interests for a selected scenario Questions are asked for clarification and explanation Questions are asked to test understanding and to summarise understanding of a position Demands of the other party are analysed and a concession is proposed for a selected scenario The negotiation is closed for a selected scenario

5. Attach the report you wrote for Formative Assessment 3 16

Specific Outcome 4: Explain strategies that could be used in negotiationAssessment Criteria

Tactics that can be used to delay a negotiation are described with examples Methods that can be used to break a deadlock are explained with examples Different types of closure are identified and an indication is given of when each is suitable

6. Give two methods of breaking a deadlock 2

TOTAL 38


Documents

Handling Conflict - Sakhisisizweonline.sakhisisizwe.co.za/wp-content/uploads/2021/02/... · Web view2021. 2. 8. · Others see negotiation as an exercise in deception and manipulation,