Conflict is an inevitable part of life, but how we navigate it can make all the difference. Welcome to a world where negotiation is the compass guiding us through turbulent waters. Negotiation isn’t just a skill for diplomats and business tycoons; it’s a fundamental aspect of our daily interactions. Picture a world where disputes could be resolved peacefully, to the satisfaction of all parties involved. This blog is your gateway to understanding the art of negotiation and its profound impact on leadership, relationships, and society as a whole.
Resolving Conflict through negotiation is a part of life. Negotiation is how conflicts are resolved. Hopefully, they can be resolved peacefully and to the satisfaction of both parties to the conflict. Leaders’ skill set must include negotiation. Therefore, some of these blog postings will deal with ways a leader can help resolve conflicts.
I hope to provide useful information on:
- Knowing and articulating several ways that good leadership can minimize conflict.
- Understanding how the acronym E.A.R. can be used as a tool for resolving conflicts (Express, Address, Resolve).
- Using several communication skills important for resolving conflicts.
- Knowing negotiating skills to resolve conflicts for the benefit of all parties to the conflict.
All conflict resolution involves negotiation. Let’s look at the definition and characteristics of negotiation.
What is Negotiation
Negotiation is a voluntary, non-binding bargaining process, in which the parties to a dispute attempt resolution among themselves. Often, agents of the disputing parties (their lawyers, real estate agents, accountants, and so forth), who are in actual communication with each other, are the negotiators. The actual disputing persons sometimes do not meet or participate in direct discussions until most, or all, of the dispute has been resolved.
Characteristics of Negotiation
The chief characteristics of negotiation are:
- Mutual Consent. Negotiation is voluntary. The parties cannot be compelled to negotiate or even negotiate in good faith. Negotiations cease when one party declines to continue.
- Successful Result is Enforceable. A negotiated settlement, usually memorialized in a written agreement, is as valid and enforceable as any common law contract.
- The parties and/or their agents are in personal contact with each other. A third party neutral is involved in negotiations.
- No statute or case law governs the process of negotiation. Some prefer to negotiate in person. Others use letters, e-mail, or telephone calls. Still others negotiate through agents or intermediaries.
- Negotiation is a process, taking place over time, as opposed to a single meeting or a brief exchange of correspondence.
- Negotiators share facts and arguments often in a disorganized manner. Negotiators posture and obfuscate, misstate the law, rail and threat and bluff, implore and cajole, and mix fact with fiction, exaggeration, and lies, during a series of back-and-forth communications.
- Negotiations are usually conducted in private. Publicity is anathema to a frank exchange of opinions, offers, and demands negotiations.
So, are you ready to embark on this journey with us? Join the conversation, share your insights, and take a step toward becoming a more effective leader, communicator, and conflict resolver. Let’s navigate the world of negotiation together! Remember Negotiation is a part of life.
For an experienced Mediator to help negotiate a resolution to your dispute, contact Ken Strongman. Here.
About the Author: Ken Strongman is a private commercial #mediator of complex, high risk litigated cases since 2004 with years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA and President of The Mediation Society.
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