Negotiation is the term used in a legal context to describe the process of resolving conflict between two parties without recourse to the courts. The process of negotiation involves communication between the two parties, which can be direct or indirect, to come to some form of compromise when those two parties have opposing views on a situation.
The aim of negotiation is to resolve the matter in a way that is satisfactory to both parties without having to involve lawyers, judges or other legal professionals. Mediation is a form of negotiation, but involves a third party – you can learn more about mediation in the PDF attachment to this post.
Dr Edgar Paltzer specialises in all forms of negotiation as part of his legal practice. Negotiation can be a useful tool in conflict resolution and is often the first stage of the process. There are certain characteristics that define negotiation.
A Voluntary Arrangement
While negotiation is often advised as the first step in resolving any conflict, it is always a voluntary arrangement which only works if both parties involved are prepared to discuss the issue and listen to each other’s viewpoints to try and reach a satisfactory conclusion. Each party is free to withdraw from negotiation at any point during the proceedings and has the right to reject the outcome if they do not feel it is satisfactory.
No Third Parties
While it is possible to have someone else represent one or more of the parties involved in a negotiation, they would be there on behalf of that party to express their views. There are no objective third parties involved in negotiation; the discussion is between those that are directly involved without any outside assistance. However, there can be multiple parties involved in any negotiation – this method of conflict resolution is not limited to two parties.
Trust Basis
Negotiations only work when each of the involved parties trusts the others to carry out the resulting agreement. No-one is going to make compromises with another party if they do not believe their wishes will be carried out once they have agreed to those compromises. Successful negotiations usually involve some level of compromise from all involved parties – the solution agreed upon must be implemented if the negotiation is to be deemed successful.
Some top strategies to help with conflict resolution can be found in the embedded infographic.
Active Listening
For a negotiation to reach a successful outcome, all involved parties must actively listen to the viewpoints of others. There is no point entering a negotiation without being prepared to compromise, and the best compromises can only be reached when all parties fully understand what the others are looking for as well as their own desired outcomes. Active listening can also help with future conflict resolutions, as small changes in behaviour may help avoid further conflict.
Informal Structure
There is no set rule book that defines the terms of a negotiation, but it often makes sense for the parties involved to establish certain specific rules before beginning the process. While the setting is still informal, having a few rules in place can help guide the process and ensure everyone is on the same page.
These can include simple guidelines such as establishing the topics for discussion beforehand, or rules on confidentiality or which documents are allowed be seen by other parties to influence the proceedings.
If negotiations are taking place in a government context there are confidentiality rules that must be abided by. More information about this can be seen in the short video attachment.