l>CHAPTER 6: NEGOTIATING CONFLICTS

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CHAPTER 6: NEGOTIATING CONFLICTS 6.1 Understand also Your Opportunities to Negotiate 6.2 Identify Your Negotiating Goals 6.3 Choose Your Negotiating Strategy 6.4 Create a Positive Climate for Negotiation 6.5 Improve Your Negotiating Strength 6.6 Turn to Outside Negotiators

All planning for woodland usage and also conservation deals with conflicts over "Trees and also woodlands for whom and also for what?" (Box 35). These disputes outcome from distinctions in what people desire and value, and how they define priorities. Conflict negotiation is as soon as two or even more persons with different priorities attempt to reach options that will be acceptable to everyone.Box 35. Frequent Conflicts in Strategic Planning for Forests· Land-usage competition in between forestry, grazing, farming, and also minerals.· Disagreements over the size, area, and also composition of a long-term woodland estate.· Conflicts between de jure (legal) and also de facto (traditional) tenure in forested areas.· Competition between commercial and also subsistence interests in forested areas.· Outdated regulations on lands and woodlands, and also problems among these legislations.· Overlapping concessions on public forest lands.· Imuseful laws and also regulations for trees and woodlands on personal lands.· Concentration of forest use legal rights in the hands of politically influential persons.· Forced rearea of neighborhoods once forested lands are set aside for nationwide parks, facilities projects, and various other advancements.· Disagreements about usage civil liberties for hardwood, water, game, fuelwood, and also other woodland sources.· Inadequate consultation with womales as woodland customers at the community level.· Disagreements over planting native vs. exotic tree species.· Disagreements about criteria and also indications of sustainable forest management.· Lack of communication in between and also among interemainder groups· Disagreements among the national government, exterior help agencies, and also NGOs on priorities for woodland use and also conservationA planning team faces numerous creates of conflict. First are debates within the planning team and its advisory committees.. Second are arguments in between your forestry company and also one or even more interest teams. Third are arguments in between 2 or more interemainder teams exterior to your firm, but which must be refixed in order for the planning to relocate forward.Depfinishing on how well they are controlled, these conflicts can be a fertile element of the planning. They indicate the visibility of multiple philosophies, and the competition of principles. But as soon as severe disputes are not resolved, they have the right to totally ruin the planning procedure.In this chapter, we lead you through a few fundamental principles of efficient negotiation. Your capacity to translate these ethics into results counts on your commitment and negotiating abilities. Like various other abilities in planning, negotiation demands to be repeatedly improved with a process of objectives, actions, and feedago.6.1 Understand Your Opportunities to NegotiateYou start by separating problems that are negotiable from those that are not. Each individual in a problem demands a clear watch of what it desires, and exactly how this calls for the collaboration of one more perchild. Each individual need to perceive that negotiation uses a positive gain or reduction of a potential loss. Third, each individual must recognize what the various other person"s need is, and then be willing to talk about a range of options that might accomplish those needs. If one or more of these conditions is not met, tright here deserve to be no negotiation. We illustrate through an instance (Box 36).Your firm is not in an excellent position to negotiate without a clear assessment of (1) the conflicting sides to an worry, and also (2) the behavioral techniques that people will employ to get their means. You need to thoabout research these issues. Additionally, you need to select the leaders of your planning team and advisory committees for their abilities in negotiation. In many valuable situations, this should be the primary criterion for their selection. Worksheet 36 helps you study the mindsets and actions of good negotiators.6.2 Identify Your Negotiating GoalsBefore you negotiate either formally or informally, you must try to anticipate the finest and also worst possible outcomes that might take place. Good negotiators are able to visualize the ideal feasible outcome of a negotiation procedure, and also occupational tough to attain it. This is your best goal, and the maximum you have the right to suppose when every little thing goes well. At the very same time, you should specify the minimum you have the right to accept. This minimum is your "walk away" position, meaning that you have actually a better alternative than to proceed the negotiation.Box 36. The Green Future Society and the Martinez Sawmill: Part ISuppose that the Environment-friendly Future Society strongly opposes all logging in South Region on claims that logging causes ecological damages. Green Future insists that your strategic setup must incorporate the goal of protecting against all logging in South Region within the following two years. The 2 logging operations in South Region are the Martinez Sawmill and also the Bella Vista Plylumber Company kind of. They administer 200 passist tasks and a contribution to South Region"s earnings. Neither company is interested in avoiding its operations. All three teams - Eco-friendly Future, Martinez, and Bella Vista - are important interest groups. What are your viewpoints to negotiate this conflict?Negotiation will certainly not be possible if any of the parties intends to destroy an additional as its main objective (i.e., "winning at any kind of cost"). Green Future might usage militant requirements that anger the suppliers and your foresattempt company. Nonetheless, the instance is open to negotiation if Green Future desires to preserve continuing relationships with your firm, or if it demands somepoint from the woodland products markets. In this instance, you must convince Eco-friendly Future that it has actually no great different other than to negotiate an agreement that will certainly meet Martinez, Bella Vista, and also your agency.You cannot negotiate via people who carry out not enable their views to be wondered about. For example, Juan Pedro Martinez may firmly insist that each company has actually the "right" to harvest wood in the means it knows best. For Martinez, this is an post of confidence that is not open to dispute. His dogma dominates his factor. You need to redirect Martinez amethod from problems that for him are not negotiable in the direction of others that sell hope for prevalent ground. If you can gain him to say "yes" to other points (such as on the need for background studies), then possibly later on he will certainly be even more willing to consider the central issue.Negotiation is impossible if one team feels powerless in relation to others. Suppose, for instance, that Eco-friendly Future believes that woodland markets always "win" via your foresattempt company, and that eco-friendly NGOs constantly "lose." If this is its perception (whether specific or not). Eco-friendly Future has no reason to negotiate through your firm. Instead, it will pick an extra radical indicates to attempt to get what it wants. To prevent this from happening, you have actually no option other than to cede important procedural points to Environment-friendly Future, and also to tolerate its hostilities and also resentment. But also as you take impressive steps to construct a working connection and also show fairness, you need to decide how far you will certainly go prior to your connection through Green Future becomes too expensive. What is your ideal alternate to not negotiating through them? What will certainly you gain and also lose by walking away?You should know your ideal goal, and also present it early on in the negotiation. You additionally have to have a clear concept of your "walk away" position, however you reserve it for later on. You might need to change it typically, because options tend to appear and disshow up via the dynamics of bargetting. Thus a great negotiator knows beforehand also which tradeoffs he or she is ready to make. At the exact same time, an excellent negotiator decides in advancement which values and points not to concede under any kind of situations. Worksheet 37 helps you think about the purposes, comassures, and options that specify the negotiation framework (additionally watch Box 37).Box 37. The Green Future Society and also the Martinez Sawmill: Part IIIn our instance, suppose that the Environment-friendly Future Society proceeds to insist that logging be quit within the following 2 years, and that this position has actually wide popular and also political assistance. But what will Eco-friendly Future get and also shed if its demand also is modified to five years, throughout which time all logging in South Region will certainly be compelled to take on low-affect harvesting methods? If this compromise falls short, is your agency willing to tolerate the ongoing opposition of Green Future in the coming years? As a different choice, would Martinez and Bella Vista accept environmental impact assessment for logging, and also will certainly this be their finest alternate compared through the alternative of closing down? These show the forms of concerns that must define the negotiation.6.3 Choose Your Negotiating StrategyNegotiation regularly occurs without a well-all set strategy. Instead, most world interact with each other according to personal styles emerged in their family members, faiths, and areas. Thus rather than pursuing a details kind of strategy, many type of individuals negotiate on the basis of halittle, intuition, and also stereoforms about other persons.In comparison, truly reliable negotiators apply a variety of negotiating techniques in different situations. With exercise, each of these methods can be learned. Your planning team have to be able to contact upon a range of negotiating methods that vary via the different kinds of disputes it encounters. Three fundamental methods are:1. Cooperative strategy. - This is likewise called the "soft bargaining" approach. It minimizes the degree of conflict by generating trust and kindness. You are searching for widespread ground and joint interests, and also you desire everyone to benefit. You deteriorate, and also you mean various other people to execute the same. The technique is at its finest once other individuals similarly cooperate. But it does not work-related once others regard your "soft" approach as a weakness that they have the right to make use of.2. Competitive strategy. - This is "hard bargaining" in which you give nopoint and also demand every little thing. You apply press to obtain your method. This method is essential as soon as you absolutely need to win, even if other persons will lose. The technique works well as soon as you face weak or puzzled negotiators. It is less proper when a permanent partnership has to be kept, or as soon as your adversaries are well prepared.3. Analytical strategy. - In this approach, negotiation is a problem-addressing exercise to produce alternatives that benefit everyone. This is sometimes dubbed "interest-based baracquiring," or "principled negotiation." You try to: (1) separate the world from the problem; (2) focus on interests, not positions; (3) generate alternatives for common gain; and also (4) use objective criteria to make decisions.The negotiator who favors "principled negotiation" does not depend on a forceful personality, or on a position of power in the relationship. Rather, he or she recognizes that everyone has legitimate interests to be satisfied. These interests are met through a search for mutual agreement fairly than by application of one-sided pressure.Yet this analytical method additionally has its restrictions. The two or even more sides to an debate are not always logical. It have the right to be difficult to prevent taking positions when people on the other side of a conflict are being irrational. This is specifically true once the problem is greatly about distinctions in beliefs and worths.A proficient negotiator knows what sort of photo he or she tasks. Good negotiators likewise identify and also respond to the negotiating styles on the opposite side of an dispute. For instance, is your dispute with someone that generally demands social approval, and also who therefore will certainly favor cooperative negotiation? Or is your conflict via an aggressive personality who enjoys defeating an opponent? Other formats include negotiators that are intuitive, naive, deceptive, hostile, sarcastic, and also so on. In each instance, you attempt to understand also your negotiating personality in relation to others. This increases the prospects for your negotiation to succeed (Box 38).Box 38. The Eco-friendly Future Society and the Martinez Sawmill: Part IIIIn our illustration, Juan Pedro Martinez is a dominant individual of age 60, who enjoys an excellent fight, and who made his fortune in the logging service by taking a couple of dangers. Your planning team cannot talk to Martinez through a "soft bargaining" perkid.In comparison, the 28-year old president of the Green Future Society, Silby means of Salinas, is an aspiring politician from a socially prominent family members. For Salinas, personal relationships are exceptionally important. She is a recognized pragmatist, and also she likes functioning via human being. Your planning team can negotiate through her in methods that are not possible via Martinez.Box 39 presents the benefits and also disadvantages of the various negotiation layouts. You should review them each time your planning team prepares to interact via world that strongly disagree with you, or with each other.6.4 Create a Optimistic Climate for NegotiationEspecially in the presence of disputes, your planning team requirements a comfortable setting wbelow civilization have the right to talk openly and also productively. The climate for negotiation is determined by both physical and emotional components. By paying attention to these determinants, you must be able to influence the high quality of the discussion.Box 39. Strengths and also Weaknesses of Different Negotiating StylesSTRATEGYSTRENGTHSWEAKNESSES1. Cooperative· You desire an agreement that is fair for everybody.· You trust the other side.· You compromise once vital, and you expect the damage to be reciprocated.· People respond positively to others who are friendly and also agreeable.· Soft bargaining elevates a relationship (it shows that both sides treatment around each other).· The strategy works well for people that recognize each various other, and also that share a prevalent image of worries and selections.· Kindness can be regarded as a weakness (i.e., you are "soft" and also easy to control).· If you recurrent a team, your cooperation through a conflicting interemainder lessens your credibility with your constituents.· In their desire to preserve a relationship, negotiators who use the participating approach might provide up more than they have to.2. Competitive· Your aim is to win, even if it implies a fight.· You execute not trust the other side, and you think they will certainly take advantage of you at eexceptionally chance.· You urge on your position, and also you use as much push as vital to pressure it with.· "Hard bargaining" may be important when tright here is as well a lot at stake to lose.· People frequently accept the proposals of a competitive negotiator as soon as they have no great options of their very own.· There might not be time or sources to mount a defense versus a strong contender.· The competitive technique does not occupational if tright here is a long-term relationship to safeguard.· Hard bargainers have to preserve force, and this consumes their time and energy.· People stop hard bargainers in order to communicate through someone else.· If "soft spots" are exposed in difficult bargainers, they shed performance.3. Analytical· You emphadimension objectivity and also the use of indevelopment.· You attempt to persuade the other side by presenting facts, requirements, civility, and also shared advantage.· This uses benefits for a weak team that confronts a strong opposition (by stressing values, not power).· The strategy is among the ideal indicates to create "win-win" remedies in a wide selection of conflicts.· By refusing to take a position, you may unnecessarily prolong the time to work out a conflict.· Analytical methods execute not occupational once the trouble is the persons, not the worries.· "Objective standards" usually favor the standing quo (i.e., what is, not what have to be).Source: Adapted from R.A Johnson, 1993, Negotiation Basics, Sage Publications, London, pp. 68-93.Your alternative of meeting sites is exceptionally essential. You invite planning participants as honored guests, and also you aid them feel comfortable in regards to how you dress, the food and also drinks you serve, and also your option of meeting room.If you are making a distinct effort to have actually peasants and indigenous civilization participate in the planning, you may decide not to meet in a government structure. Rather, you must choose a more neutral area where your guests will certainly feel much less intimidated. They might be especially pleased if your planning team meets them in their own areas. This sends out the message, "We treatment sufficient to spend the moment and also money to take a trip below and talk through you." On the various other hand, you need a totally different type of setting in negotiations through forceful individualities (Box 40).Box 40. The Environment-friendly Future Society and also the Martinez Sawmill: Part IVJuan Pedro Martinez is difficult to deal with. Perhaps you satisfy Martinez just in your director"s office, and also only at a time of your convenience. You ask your height legal consultants to attfinish the meeting, and also every one of you practice your inquiries and answers before you actually talk via Martinez. Furthermore, you try to surpincrease Martinez with new facts, or a new line of argument. Your aim is to convince Martinez that he has no alternative various other than principled negotiation, i.e., to aid you build options so that everyone benefits.In negotiation, the physical climate contributes to the emotional climate. But the emotional climate likewise relies on the manner in which you conduct your discussions. Normally, the leader of your planning team sets the tone for interactions. A excellent discussion leader desires the various other side to sheight easily and also comfortably. People are quiet and also defensive at meetings if their leaders:· Are preoccupied through maintaining their very own control;· Draw attention to their very own self-importance;· Use manipulation to acquire their way; and· Judge each person"s concepts against their very own opinions about "right" and "wrong" reasoning.Conversely, negotiation goes much better as soon as participants feel a spontaneous and also open setting for discussion. Hence an excellent negotiation leader has actually even more inquiries than conclusions, and also reflects more empathy than superiority. Refer to Worksheet 38 to aid you recognize whether you carry out a comfortable negotiating climate.6.5 Improve Your Negotiating StrengthYou cannot hope to negotiate a conflict in strategic planning - such as over completing forest offers - without a source of negotiating strength (or "power"). The eco-friendly NGOs, woodland markets, and other interemainder groups offer you conflicting answers to: "Trees and forests for whom and also for what?" In your strategic planning, your agency is meant to deal with these differences, frequently through negotiation. But what is your negotiating stamina, and also just how and also wbelow does it originate? Can you estimate how a lot negotiating stamina you actually have? Specifically:· Do you have adequate toughness to convince the different interest groups to negotiate (with you, and with each other)?· Do you have adequate strength to produce an acceptable agreement?Your negotiating stamina loved one to the other side has actually 3 sources: (1) you apply press because of your authority, status, and also manage.; (2) you have actually something the various other side desires, and they are willing to trade for it; and also (3) you are credible because your debates are legitimate and reasonable.The initially source of your negotiating stamina is pressure, i.e., you are bigger and also more powerful than the other side. Your foresattempt firm derives its authority from laws and regulations. But in fact, your company may be small, underfunded, and in other ways poorly positioned to negotiate on the basis of its authority. For example, your use of the regulation is inefficient without sufficient enforcement capacity. Your strength is measured by a large variety of sanctions and also court judgments favorable to your firm. To day, many countries are unable to obtain this result. In addition, your application of top-dvery own authority as a source of stamina deserve to be incontinual via the heart of empowerment, i.e., working via bottom-up incentives.Hence your second resource of negotiating toughness is to trade somepoint of worth through the other side. What does the other side desire that you have the right to afford to give? You should accurately identify the demands of these people, and then convince them that a negotiated solution have the right to fulfill their requirements. Your strategy is: "Our proposal is in your best interests" (Box 41).Box 41. The Environment-friendly Future Society and also the Martinez Sawmill: Part VFor example, have the right to your company sell Martinez a good hardwood concession elsewhere so that he no longer demands logs from South Region? Can you guide the Eco-friendly Future Society to drop its demand also for a logging ban by asking Green Future to aid you write guidelines for sustainable woodland harvesting and management?Finally, negotiating toughness depends on credibility. You are credible if the various other side sees you as dependable, proficient, and also dynamic:1. Trustworthy - Credibility is accomplished by making and also keeping commitments. A reliable company is recognized for its integrity. It constantly fulfills its promises, and it always carries out its risks.2. Competent. - A good negotiator prepares incredibly well, and suggests from a base of trustworthy facts and also analysis. He or she speaks successfully, portrays confidence, and presents an attractive photo. The company (or person) through a background of negotiation failures - or no history at all - is not credible.3. Dynamic.-The civilization that are credible deeply care about their problems. They fight tough for their position because they sincerely think in it. Their passion signals the various other side that they challenge an foe that does not conveniently damage.Your firm may not have the ability to speak to upon every one of these strengths. For instance, responsible forestry officials regularly seek a "middle way" on the concerns. But the middle way rarely lends itself to passionate expression. Additionally, your agency"s past experience in conflict monitoring may be much less tha suitable. Thirdly, your firm may have actually a questionable record in moving on its assures. Each of these deserve to be a trouble that lessens your negotiating toughness. In many type of cases, you may have to rotate to one or even more exterior negotiators (check out the adhering to area 6.6).6.6 Turn to Outside NegotiatorsIn your strategic planning, you may need external assistance to solve disputes that you cannot efficiently negotiate alone. Similarly, members of your planning team may sharply disagree via each other on points of procedure or substance, and you might decide to invite an exterior perchild to break the impasse. The use of such third-party interventions is important in the complying with situations:· When the two or even more persons in an discussion identify their own incapability to reach an agreement;· When one of the disputing persons judges one more to be "irrational"; and· When neutral assistance is required to include information, conduct technological evaluations, and also bring out other problem-fixing work.Third-party intervention is specifically handy in disputes wright here aftermath are major, positions are rigid, and arguments are individual. It is likewise practical wright here one side has a lot more power than an additional, however you need a solution that will be fair to the weaker side. Outside persons may succeed bereason they have no instant interest in the outcome. This can be a large benefit wright here feelings are intense, and where the conflicting sides are struggling to win at all costs. Depending on the scenarios, you speak to upon third parties for several various roles (Box 42).Box 42. Outside Negotiators Can Aid You in the Following Ways........1. FACT FINDING. This is as soon as you ask someone outside the problem to review the facts and also evidence of the instance, and to report his or her monitorings to the team.2. CONCILIATION. The third party talks independently via the disputing sides in order to alleviate tensions, and to build a resolution process that will certainly be agreeable to everyone.3. MEDIATION. The third party participates in the negotiation procedure, and also attempts to help the disputing sides reach an agreement. But he or she has actually no authority over the decisions that are got to.4. ARBITRATION. The disputing sides pick a 3rd party that reviews the facts and renders a decision. In advance of this decision, the disputing sides agree to abide by it.In some cases, you are searching for professionals to deal with disagreements over scientific or technological issues in woodland use and conservation. Perhaps simply as typically, you are trying to find a neutral person that can provide good judgment as soon as a conflict is even more around fairness than around foresattempt. Wisdom comes in both sexes, and also in many kind of colors and also eras. In all circumstances, you need someone that is extensively trusted.


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This is practically always an individual renowned to the conflicting sides, given that there is too a lot at danger to be entrusted to strangers. Worksheet 39 helps you define the qualities you seek in third-party negotiators.

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