OBJECTIVES:
 To outline the difference between consultation, negotiation and joint
problem solving
 To Examine the benefits of consultation
 To understand negotiation theory and basic negotiation skills
 To appreciate the difference between position based and interest
based bargaining
 To understand the different stages of negotiation
 To appreciate how Individual behaviours impact on the negotiating
process.

Knowing the Boundaries
 What types of issue might you be consulted on in your
organisation?
 What types of issue might you negotiate on in your organisation?
 What problems are caused in differentiating between consultation
and negotiation?

Session 1
CONSULTATION

The Definition: Consultation
The process by which management and employees/ representatives
jointly examine and discuss issues of mutual concern.
Involves seeking acceptable solutions to problems through
genuine exchange of views and information whilst
management reserve the right to make decisions.

Benefits of Consultation
 Promotes employee involvement
 Fosters employee and management co-operation
 Uses combined knowledge of those affected
 Leads to better quality decision making
 Potential problems are addressed at early stages
 Clarifies each others' position
 Smooth and effective Implementation of change
 Improves morale and organisational effectiveness.

Joint Problem Solving
Enables management and employees/ representatives to identify,
tackle and resolve issues together. Understanding of and
commitment to outcomes achieved through consensus decision
making.
Solves problems on the basis that elements of the outcomes
may need to be negotiated

Consensus
 I believe you understand my point of view and I
understand yours.
 Whether or not I prefer this decision I support it because:
- It was reached fairly
- It is the best decision for us at the time.
A group reaches consensus when all members agree upon a
solution and can honestly say:

Or…
A group doesn’t reach a consensus when all members can’t
agree upon a solution and can honestly say:

Session 2:
Negotiation

Negotiation
The process of bargaining to reach a deal.
Implies acceptance by both parties that agreement between them is
required (or is desirable) before a decision can be implemented.
 Both parties must have some level of commitment to do a deal.
 Both parties must have the authority and will to vary the terms.

 A broad appreciation of the principle bargaining theories
 An understanding of the different stages of negotiation
 An awareness of how individual behaviours impact on the
negotiating process.
To Negotiate all parties
must have:

Negotiating Theories
Integrative Bargaining Distributive Bargaining
 WIN / WIN  WIN/ LOSE
 Principled  Traditional
 Interest Based  Position Based
 Disclose Information  Keep Information

The Stages of Negotiation
1. Preparation
2. Opening moves
3. Middle game
4. End game

Preparation
1. Decide your Objectives
2. Decide the Strategy
3. Research the Subject
4. Clarify your needs
5. Anticipate 'their' needs
6. Assign team roles
7. Carefully consider any requests for informal
discussions

Prepare Your Strategy
Ideal Realistic Fallback
Area for
movement
Fallback Realistic Ideal
Employees Objectives
Employer’s objectives

Prioritise your ‘Tradeables’
1. List all the objectives you want to achieve or would like to achieve
2. Priority rank the list from both parties points of view will help to
identify areas where negotiations will be most difficult, and
concessions most hard to win
and
3. Priority rank the issues where there is scope for mutually
beneficial trades.

Opening Moves
 Establish credibility of your own position
 Develop common ground and shared values
 Question, probe and listen
 Summarise and clarify
 Stress benefits of reaching an agreement

The Middle Game
 Make proposals ........ what if?
 Can you package the proposals differently?
 Signal a willingness to consider/agree to proposals
 Consider the other side's subliminal signals
 Assess what is on offer
 Link and inter-relate issues "If .....then"
 Have different options/ideas available.

End Game
 Look for opportunities to close the deal
 Be aware of the need to save face
 Put agreements in writing
- when effective from?
- effective for what period of time ?
- who should be informed/ by when and by what means?
 Review the team’s performance.

Positive and Negative Behaviours
in Negotiation

Negotiators should:
Avoid Practice
 Interrupting  Questioning
 Scoring points  Listening
 Talking too much  Summarising
 Sarcasm  Challenging
 Threats  Looking for clues
 Personalising  Focusing on the problem
 Entrenched positions  Identifying interests

Types of Negotiator

–
The goal is victory and
will pursue it ruthlessly -
not interested in 'people'
effect
The ‘Rambo’

People oriented - will make
offers, or yield to pressure
The Soft Touch

Frequently loses temper and
threatens or does walk out
The Top-Blower

A tactic designed to
get other side to
reveal more
The Long Pauser

Uses constant
interrogation
techniques designed to
make other side feel
has not prepared
properly
The Interrogator

Loves the sound of
own voice -
pontificates, fails to
listen to what other
side is saying
The Lecturer

Negotiating Tactics
 Make Token Concessions
 Speak to the Silent (because they didn’t know your stance, or are
surprised by your knowledge or stance)
 Suggest incomplete brief (stall discussions until more information
is made available)
 Wildman / Statesman (Choose your behaviour pattern)

Negotiation Procedure
1. The Process
2. The Timescale
3. The Stages
4. Conciliation And Arbitration?

Informal Discussions
Informal discussions can be dangerous if
confidentialities are not honoured.
Informal discussions can lead to accusations of
underhand dealing.
Informal discussions can lead to the exposing of the
fall-back position, and can lead to the fall-back
position being taken as read.

Planning and preparation
 Consider venue, facilities, refreshments, break-out rooms,
etc (In other words ‘Case the Joint’ if you don’t know it).
 Expect the employer to explain the background to
proposal before stating their position. This builds the case
rather than stating a position that has to then be justified.
 Explain your stance to the proposals and the reasoning
behind your stance.

Question: Two parties both
want an orange:
Formula for the Solution:
Step 1:
Dig beneath their positions to find out why they want it.
Step2:
Identify interests to achieve a win-win situation.
Interests:
One party wants the juice and the other party wants the rind for a
cake.
Problem solved – the orange can be shared.

PERSONALITIES AND ATTITUDES CAN CREATE OR
DESTROY A GOOD WORKING ENVIRONMENT