When two parties come into legal conflict, there are a variety of strategies that can be used to help negotiate towards an acceptable compromise. However, the dynamics of negotiation naturally become more complex when the matter at hand is value-based, relating to personal identity or to values or beliefs that are deeply held. In cases such as this, it is likely that both parties will be less willing to compromise by making concessions that will provide favour to the other side, even where this would result in favourable reciprocal concessions.
Dr Edgar Paltzer practises law in Switzerland and counts tactical and strategic dispute negotiation support among his preferred areas of practice. Dispute resolution can take various forms. The two main categories of dispute resolution are outlined in the embedded short video.
There are four practical steps that can help resolve a value-based conflict or dispute.
1: Separate Interests from Values
When two parties are in conflict, it can often help to have someone objective to help guide proceedings and move things forward. This does not have to be a judge or another arbiter who will make the decision on behalf of the parties – it can also be a mediator or negotiator, who will not make any decisions but will instead help both parties reach a decision that is mutually acceptable.
A negotiator is well placed to help each party separate the problems from the people, ensuring each individual aspect under dispute is identified and dealt with. To do this, the negotiator will help each party determine how much worth each side attaches to their positions and help them bargain with each other accordingly.
2: Use Dialogue to Build Relationships
Dialogue can be used to build relationships by establishing a common cause or establishing rapport. This type of dialogue helps both parties to see the viewpoint of the other party more objectively and understand their values and interests, enabling each party to gain a better understanding of where their opponent is coming from.
The infographic attachment outlines some conflict resolution mechanisms and possible outcomes of negotiation.
3: Appeal to Shared Values
While the issues on the table may well be contentious, there could also be some values that are shared between both parties involved in the dispute. Appealing to these overarching values can help bring parties closer together by bridging the gap, which in turn can open up the possibilities for better bargaining. Once a common ground has been established for negotiation, each party can begin to create and claim more value from the negotiation, using integrative negotiation techniques.
4: Directly Confront Value Differences
When each party in a dispute is helped to understand their differences, this paves the way for opportunities for value creation. The areas where parties have different values are the areas where growth and bargaining success are most likely to be achieved.
Other Techniques
There are many different techniques that people will naturally use in their lives to resolve or get beyond a conflict or dispute, whether formally or informally. These include avoidance, which rarely results in resolution. Some people compete, which results in a lack of willingness to co-operate based on a desire to win at all costs. Some people accommodate to preserve harmony, but this can result in unresolved issues festering. Collaboration or compromise are the two common strategies that allow both parties to contribute and receive a fair outcome.
The PDF attachment provides some tips on how to become a better negotiator.