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CHAPTER SIX
Managing Difficult Negotiations:
Third-Party Approaches
Introduced By Dr.Hisham Al-huthaifi
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-1
Adding Third Parties to the
Two-Party Negotiation Process
 Negotiations are often tense and difficult, and can lead to frustration and anger
 Negotiation over critical issues may reach an dead-end
 Third-party intervention may be the only way to get negotiations back on track
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-2
Benefits of Third-Party Intervention
 Benefits
 Creating breathing space or a cooling-off
period
 Reestablishing or enhancing communications
 Refocusing on the substantive issues
 Rrepairing tenses relationships
 Establishing time limits and deadlines
 Rescue sunk costs
 Increasing satisfaction with the conflict
resolution process and its outcomes
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-3
When Do Third Parties Help?
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-4
When Is Third-Party Involvement
Appropriate?
 Third-party intervention is appropriate when negotiators believe they can no
longer manage the situation on their own
 When one negotiator requests intervention, that process must be acceptable to the
other parties
 If only one party recognizes a need for third-party intervention, he or she may have
to persuade the other party to agree
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-5
Types of Third-Party
Intervention
Third-party intervention may be formal or informal
 Formal interventions are designed intentionally,
in advance and they follow a set of rules or
standards
 Informal interventions are incidental to the
negotiation
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-6
Formal Intervention Methods
There are three fundamental types of formal third-party interventions:
 Arbitration
 Mediation
 Process consultation
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-7
Arbitration
 Arbitration resolves a disagreement by having a
neutral third party impose a decision
 There are several forms of arbitration
 Voluntary arbitration –parties are not required to
comply with the decision
 Binding arbitration—parties are required to comply
with the decision
 Interest arbitration—a new contract is submitted
 Grievance arbitration—refers to decisions about the
interpretation of existing contracts
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-8
Mediation
 Mediation seeks to have the parties themselves
develop and endorse the agreement
 It has been called a form of “assisted
negotiation”
 It can help reduce or remove barriers to
settlements, adding value to the negotiation
process
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-9
When Is Mediation Effective?
 Mediation effectiveness can be viewed from a
variety of perspectives:
 The mediator-parties relationship,
 The relationship between the parties,
 The issues and the parties themselves
 Mediation appears to be more effective in
situations marked by moderate levels of conflict
 Mediation is less effective as a strategy when
parties differ on important issues or have major
differences in their expectations for a settlement
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-10
Process Consultation
 “A set of activities on the part of a consultant
that helps the client to perceive, understand, and
act upon the process events which occur in the
client’s environment”
 The objective is to defuse the emotional aspect
of conflict and improve communication between
the parties
 Process consultants focus only on improving
communication and conflict management
procedures McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-11
Process Consultation Behaviors
 The first step is often to separate the parties and
interview them individually
 The consultant structures a series of dialogues or
confrontations between the parties
 The process consultant encourages the
negotiators to confront their differences
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-12
Timing of the Intervention
Three general stages:
 Prevention of conflict
Intervention prevents conflict from
occurring
 Resolving conflict
Conflicts that have emerged are managed
 Containing conflict
Ongoing conflicts that are a challenge to
resolve are contained
McGraw-
Hill/Irwin
©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-13

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CH6 Manage Difficult Negotiations; Third party Approach.pptx

  • 1. CHAPTER SIX Managing Difficult Negotiations: Third-Party Approaches Introduced By Dr.Hisham Al-huthaifi McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-1
  • 2. Adding Third Parties to the Two-Party Negotiation Process  Negotiations are often tense and difficult, and can lead to frustration and anger  Negotiation over critical issues may reach an dead-end  Third-party intervention may be the only way to get negotiations back on track McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-2
  • 3. Benefits of Third-Party Intervention  Benefits  Creating breathing space or a cooling-off period  Reestablishing or enhancing communications  Refocusing on the substantive issues  Rrepairing tenses relationships  Establishing time limits and deadlines  Rescue sunk costs  Increasing satisfaction with the conflict resolution process and its outcomes McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-3
  • 4. When Do Third Parties Help? McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-4
  • 5. When Is Third-Party Involvement Appropriate?  Third-party intervention is appropriate when negotiators believe they can no longer manage the situation on their own  When one negotiator requests intervention, that process must be acceptable to the other parties  If only one party recognizes a need for third-party intervention, he or she may have to persuade the other party to agree McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-5
  • 6. Types of Third-Party Intervention Third-party intervention may be formal or informal  Formal interventions are designed intentionally, in advance and they follow a set of rules or standards  Informal interventions are incidental to the negotiation McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-6
  • 7. Formal Intervention Methods There are three fundamental types of formal third-party interventions:  Arbitration  Mediation  Process consultation McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-7
  • 8. Arbitration  Arbitration resolves a disagreement by having a neutral third party impose a decision  There are several forms of arbitration  Voluntary arbitration –parties are not required to comply with the decision  Binding arbitration—parties are required to comply with the decision  Interest arbitration—a new contract is submitted  Grievance arbitration—refers to decisions about the interpretation of existing contracts McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-8
  • 9. Mediation  Mediation seeks to have the parties themselves develop and endorse the agreement  It has been called a form of “assisted negotiation”  It can help reduce or remove barriers to settlements, adding value to the negotiation process McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-9
  • 10. When Is Mediation Effective?  Mediation effectiveness can be viewed from a variety of perspectives:  The mediator-parties relationship,  The relationship between the parties,  The issues and the parties themselves  Mediation appears to be more effective in situations marked by moderate levels of conflict  Mediation is less effective as a strategy when parties differ on important issues or have major differences in their expectations for a settlement McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-10
  • 11. Process Consultation  “A set of activities on the part of a consultant that helps the client to perceive, understand, and act upon the process events which occur in the client’s environment”  The objective is to defuse the emotional aspect of conflict and improve communication between the parties  Process consultants focus only on improving communication and conflict management procedures McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-11
  • 12. Process Consultation Behaviors  The first step is often to separate the parties and interview them individually  The consultant structures a series of dialogues or confrontations between the parties  The process consultant encourages the negotiators to confront their differences McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-12
  • 13. Timing of the Intervention Three general stages:  Prevention of conflict Intervention prevents conflict from occurring  Resolving conflict Conflicts that have emerged are managed  Containing conflict Ongoing conflicts that are a challenge to resolve are contained McGraw- Hill/Irwin ©2006 The McGraw-Hill Companies, Inc., All Rights Reserved 19-13