Negotiation, Conflict and Dispute Resolution in Collaboration
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"Whenever you're in conflict with someone, there is one factor that can make the difference between damaging your relationship and deepening it. That factor is attitude." 1
Introduction
The success of long term complex collaborative projects, partnerships or mergers is dependant of the capacity of the partnering organisations to negotiate outcomes that meet their needs and those of their clients and to successfully manage any conflict that arises through sound dispute resolutions processes.
Negotiation
Organisations may negotiate regularly on simple issues, without paying much attention to the process.
When undertaking serious negotiation however it is wise to contribute thought, time and effort into the methodology we will use. In a survey of American executives all considered prior preparation and planning, as most important single element effecting the outcome of major negotiation.
Below is a guide that will help you clarify your thinking and your issues. For negotiations associated with complex collaborations, mergers or partnerships, formal meetings should be conducted. Do your planning before the meeting and if you are calling the meeting, before setting the agenda.
Negotiation Planning Guide
• Be able to clearly articulate outcome you hope to reach through the negotiation
• Clearly identify areas of common ground: i.e. shared principles, philosophy
• Identify areas of mutual benefit: improved client outcomes, shared costs for infrastructure
• List the key areas you need to negotiate on and prioritise them.
• Review the list and decide if all these issues really relevant.
• Will you deal with the most important point first, or last?
• Are you clear “why” you want something, rather than just “what” you want? Sometimes the outcome you want may be available by a number of pathways.
• How will you evaluate your progress as you proceed?
• Are you and the other partners agreed on the key issues for negotiation?
• Are there any questions you must ask to clarify the perspective of other partners? Write them down.
• Are there some points on which you are not prepared to negotiate? If so, declare these matters openly at the start of the meeting.
• Are there things you are prepared to trade off?
• How do you think the other party will proceed?
• What are the other party’s priorities likely to be?
• Recognise that if you take a very strong position, other parties are likely to respond equally as strongly. Keep things calm.
• Know when to walk away. Where there are major differences in values, principles and philosophy, or where an agreement cant be reached, end the negotiation with those parties and seek other ways to reach your required outcome.
Reasons for Conflict
There are a number of reasons why conflict may arise during collaborative activities. Understanding the drivers of the conflict may help you better manage the situation.
Biosocial Sources. 2
Frustrations can arise where expectations aren’t meet by the reality. Improvements may take longer than expected or power imbalances may arise. This is known as “relative deprivation” and the conflict may intensify when concessions are made.
Personality and Interactional Sources
Everybody is different. Abrasive personalities; psychological disturbances; poor interpersonal skills; irritation between people; rivalry; differences in interactional styles; inequities (inequalities) in relationships can all contribute to interpersonal conflict.
Structural Sources
Power, status and perceived inequities are the underlying forces in many forms of conflict. Ensure that the structure of the collaboration ensures that people are treated respectfully and fairly.
Cultural and Ideological Sources of Conflict
Conflict will arise where organisations have differing value systems. Partner with like minded services. Conflict can also arise where there is difference in ethnic culture, and all partners in the collaboration need to be committed to working to build a common understanding.
Convergence
During the collaborative activities the numerous sources of conflict may converge. They interact to produce a complex dispute. There may be many reason, for example, why two workers from different agencies are in conflict. There may be structural reasons such as the difference in power: or different personalities and interactional style, or the beliefs, cultural and ideological, may differ between the two workers and these may also be contributing to the complexity of the dispute.
Managing Conflict.
How successfully we manage conflict issues, will have a direct impact on the sustainability of the collaboration.
A conflict occurs when the actions of some-one trying to reach their goal, blocks or interferes with the actions of another person focused on reaching his or her goal.
Conflict can produce beneficial outcomes if :
a) effective approaches are used to handle conflict constructively
b) people become aware of and practice the skills of managing conflict
c) people are supported and encouraged to do so, by the values of their organisation and the culture of the collaboration.
For successful results all those involved in a conflict need to agree on, and utilise, the same process to solve it. The methods for resolving conflict are the same regardless of the scale of the issue.
• Treat people with respect at all times.
• Think before acting and be sure you have accurate information to support your perspective.
• Listen, before wanting to be heard.
• Check to ensure that you have understood what is being said.
• Separate the people from the problem. Do not attack or blame. Use “I” language …. “I feel”, …. “I think”. “I feel upset when” … not “You make me upset”.
• Calmly explain your own perspective and encourage questions.
• To deal with conflict constructively use persuasion rather than coercion. Understanding how to resolve conflict with grace and tact will increase the likelihood of successful collaboration and build trusting relationships.
• Focus on “interest”, not “position”. “Why you want” NOT “What you want”.
• Look for options that can bring at least some benefit to both parties
• Refocus personal attacks, by agreeing with the small part of a statement that may be true, and then moving on. “Yes, perhaps you are right, we are not hearing you view, would you like to restate it clearly now”.
• Ask appropriate questions to draw out the real issues.
A constructive agreement is reached where.
• the agreement is win/ win, optimising benefit and leaving both parties satisfied
• the disputants can work together cooperatively
• any further conflicts can be dealt with constructively
Where all else fails, don’t be reluctant to bring in a mediator or facilitator. Sometimes, just the presence of an outside neutral person can change the group dynamic and tip the balance. However, even with a skilled mediator, both parties must really want a successful outcome for the negotiation to succeed.
Dispute Resolution Process
All collaborations that are supported by documentation should include a section on the dispute resolution process to be used by the group. The process agreed to must be approved by all parties involved.
Below is an example of a Dispute Resolution Process.
Collaboration partners will resolve disputes according to an agreed process.
• First, parties will use their best endeavors and act in good faith to resolve the dispute through discussion at Collaboration meetings, or in private between parties – if this is the preferred option.
• Second, parties will use a mutually agreeable mediator.
• Third, If the parties cannot resolve the dispute within 30 days of the commencement of the negotiation, then there role in the MOU/Partnership/Collaboration shall lapse.
If there are legal entities involved, other than the partner services then:
• If the issue is not easily resolved by discussion, then all partners will notify their parent bodies immediately.
1 American Philosopher and Psychologist, leader of the philosophical movement of Pragmatism, 1842-1910
2 Adapted from Bisno, H. (1988) Managing Conflict. London: SAGE Publications. pp27-30