Chapter 18 ThirdParty Intervention

1
Chapter 18Third-Party Intervention
2
Third-Party Intervention

• Conciliationthe least intrusive.
• Mediationallows for substantive input from third
  party.
• Arbitrationtakes control out of parties hands.
• Litigationtake control out of parties hands.
• Many courts require arbitration prior to trial.

3

• No downside to using conciliation or mediation
  other than the cost.
• The worst outcome is another opinion that can be
  accepted or rejected.
• Parties maintain all control and options.

4

• Labor-management negotiations require observance
  of laws and special requirements.
• The principles of human behavior applicable to
  negotiation generally apply to labor-management
  negotiation.
• However, certain behavior is illegal, such as
  refusing to negotiate on certain subjects.

5
Requisites For Using Third-Parties

• Non-competitive attitude
• Openness
• Potential for negotiation to bring a result
  better than your OTNAs

6

• Continue to use your best interpersonal and
  persuasive skills with third-party
  interventionists.
• Competitive or aggressive tactics with
  third-party interventionists is not recommended.

7
Skills to Intervene

• Independence
• Credibility
• Top-notch interpersonal skills
• Emotional intelligence
• Unlimited patience

8
Chapter 19Using Your Personal Negotiating Power
9
Using Your Personal Negotiating Power

• The approach most often appropriate is
  collaborative.
• Temperament affects tactics that may be
  successfully employed.
• Select tactics that feel natural.
• Select tactics appropriate to the individuals
  involved and issues presented.

10
Matching Personality and Temperament to Style
and Tactics

• High need for affiliation, high self-monitoring,
  and high emotional intelligence are conducive to
  effective collaborative negotiation.
• Tact, diplomacy, and good listening are conducive
  to effective collaborative negotiation.
• The use of distractive tactics likely feels
  natural for the harmonizer and action seeker.
• Bracketing is likely natural to a pragmatist.

11
Potential Blind Spots

• Extroverts should likely work on listening
  skills.
• Type As should likely work on developing
  patience.
• Highly competitive persons should likely work on
  being open-minded and seeking common ground.
• Thinkers should guard against rigid thinking.
• Feelers should guard against taking personal
  affront.

12
Predicting Behavior

• Distractive tactics like diversion and feinting
  may work well on harmonizers and action seekers.
• Distractive tactics will not work well with
  controllers and pragmatists.
• Reversal and withdrawal will not be well received
  by harmonizers.
• Reversal and withdrawal are effective on
  pragmatists and controllers.

13
Predicting Behavior (continued)

• Controllers and pragmatists will find it
  difficult to accept forbearance.
• Controllers and pragmatists are extremely
  susceptible to extrapolation.
• Pressure tactics may generate destructive
  conflict with controllers and pragmatists.
• Pressure tactics will likely go unnoticed when
  used on harmonizers and action seekers.

14
The Problem Counterpart

• Fractionizebreak the problem into smaller
  issues.
• Re-framepresent a different perspective.
• Find another ACE.
• Disengage, seek higher authority.
• Assertively confront.

15
Negotiating in Competitive Systems

• The best way to persuade is through
  collaborationeven in competitive systems.
• Aggression and manipulation are not
  collaborative.

16
Negotiating in Avoidant Systems

• COLLABORATION!

17
Chapter 20Post-Negotiation Evaluation
18
Indicia of Successful Negotiation

• Both sides feel successful.
• Both sides are able to and intend to honor the
  agreement.
• In cases where no agreement was reached, both
  sides feel that the failure was the result of
  issues and not the unreasonableness of or tactics
  used by the other party.
• No party bears personal animosity toward another
  party.
• No party fears any negative repercussion from the
  others.
• Each side is amenable to dealing with the other
  in the future.

19
Post-Negotiation Evaluation

• If no agreement was reached, was the decision to
  terminate appropriate?
• Did you effectively adapt to new information?
• Do you have an option that is better than what
  you left on the table?
• Did negotiations terminate due to substantive
  impasse?
• Did negotiations terminate due to personality or
  communication difficulties?

20
Post-Negotiation Evaluation (continued)

• Were you adequately prepared?
• Did you use tactics that were comfortable for
  you?
• Did the tactics work well for you?
• Did you react appropriately to tactics used by
  your counterparts?
• What types of power did you use?
• Did you react appropriately to power used by your
  counterparts?

21

• After each negotiation you should also ask
• Could I have done any better?
• What did I learn about myself and about
  negotiation?
• What would I do differently if I could repeat
  this negotiation?

22
Personal Excellence Progress

• Evaluate your PEP after each negotiation.
• Effective negotiation skills require attention
  and practice.