9b
       Negotiation and
       Third Party Intervention

 

Before reading through this section's content, please watch this TED Talk by negotiation expert William Ury on how to create understanding and agreement in challenging conflict situations.

William Ury: The walk from "no" to "yes"

TED. (2010, December 1). The walk from "no" to "yes" | William Ury. [Video]. YouTube. https://www.youtube.com/watch?v=Hc6yi_FtoNo

Consider the following questions as you watch this talk: Why is the "third side" important? What is their role? How does (verbal and nonverbal) communication fit into conflict resolution? What are your own thoughts on Ury's prescriptions for promoting peace and understanding in difficult conflict situations?

Negotiating Change

Negotiating is not just about making agreements, but is also about trying to achieve desirable forms of change. Negotiation is formally defined as "a discussion between two or more parties with (apparently) differing preferences, interests, or goals aimed at reaching some form of mutually beneficial agreement" (K&W, p. 45).

Conflict resolution is looking at how we can negotiate more effectively. It is looking at what kind of tools and strategies help us to achieve objectives most effectively. Often there is an emphasis on a win-win solution, or a solution that doesn't leave one party feeling a need to even the score. There are two pieces involved in mapping out what this looks like: distributive bargaining and integrative negotiation.

Distributive Bargaining

Distributive bargaining is also known as the "concession-convergence model." It applies to situations in which there is a finite number of resources, and usually results in a zero-sum or win/lose situation. This doesn't mean that there are never good outcomes, but it does mean that if I pay more, then I am losing more relative to your gain; and if you lower your price, then you are losing more relative to my gain. While many deals take place effectively and efficiently with this method, the conflict resolution paradigm argues that not every situation can be resolved effectively this way.

Integrative Negotiation

In contrast, the integrative negotiation model tries to find mutual gains, seeking out overlapping or compatible interests to see if there is some way that both sides' interests can fit together without limiting the other. In this approach you would try and find out what the other's most important needs and interests are, and what the less important ones are, and come to some congenial agreement where each person has their most important needs met. This approach can involve more creative problem solving as you are looking to preserve the relationship.

Power

Power and power in relationships plays an important role in negotiating.

The integrative negotiation model uses the idea of "power with" our partner. This form of "power with" is an ability to overcome obstacles and reach each side's legitimate objectives.

"Power over" is a bit more hostile and sees power as controlling others through domination or imposing one's will. This is more commonly seen in a distributive bargaining approach.

The "Third Party"

There is a great deal of consideration in the conflict resolution paradigm to how third parties can help improve relationships and smooth out complicated situations. There are a number of different roles that a third party can play in conflict resolution, including fact finding, "good offices," mediation, arbitration, and judicial settlements.

Fact finding/inquiry

In many conflict situations, a special commission may be used to investigate and answer sensitive factual questions about a situation, and sometimes to arrive at an "advisory judgement." Most multilateral treaties, provisions about management of natural resources across boundaries, and others have provisions for fact finding as part of a dispute-resolution mechanism.

"Good offices"/conciliation

This role involves the use of a third party to provide a secure channel or space for communication. In practice, this can often involve a third party providing a secure or private place for parties to discuss their conflict and to resolve it in a safer environment.

Mediation

Mediation is often the method that receives the most attention and can be defined as the use of a mutually-acceptable third party to assist negotiation. This term comes from the Latin root mediare, which means "to be in the middle." The most basic function of this role is to facilitate communication and problem solving. The idea here is to have the mediator help the parties come to their own decision and agreement so that they have ownership over the process and outcome. In international affairs scenarios, the mediator will sometimes provide incentives or help formulate proposals.

Arbitration

Arbitration is the voluntary agreement between disputants to submit their dispute to a third party of their own choosing for a binding decision. So on one hand, this is a voluntary process to hand over the dispute to a third party for a decision, but the decision that comes from them is binding. This is another method often seen in international affairs in conjunction with fact finding.

Judicial settlement

If we are thinking of these roles of the third party as a continuum, from least involvement to most, we reach judicial settlement at the more involved end of the spectrum. This involves the submission of a disagreement to a national or international court, which will then make the decision for those involved.

References

Keashly, L. & Warters, C.W. (2000). Working it out: Conflict in interpersonal contexts. In L.J. Fisk & J. L. Shellenberg (Eds.), Patterns of conflict, paths to peace (2nd ed., pp. 35-66). Toronto: University of Toronto Press.