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Prepared by: Norshahirah Mohd Noor (UMCCed)

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Understand why some conflicts and negotiations are difficult to resolve successfully. Explore fundamental mistakes that negotiators make that increase the likelihood of impasse. Consider a series of tools and approaches that negotiators can use to  break and resolve impasse.

Prepared by:  Norshahirah   Mohd  Noor ( UMCCed )

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I The Nature of Difficult-to-Resolve Negotiations  and Why They Occur II Fundamental Mistakes That Cause  Impasses III How to Resolve Impasses

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The Nature of Difficult-to-Resolve Negotiations and Why They Occur

It is not uncommon for negotiations, especially distributives ones, to become contentious to the point of breakdown. Impasse  is a condition or state of conflict in which there is no apparent quick or easy resolution.  When impasse exists, the parties are unable to create deals that satisfy their aspirations and expectations. The Nature of Impasse: Impasse is not necessarily bad or destructive (although it can be) Impasses does not have to be permanent Impasses can be tactical or genuine Impasses can be partial Impasses perceptions can differ from reality

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What Causes Impasses & Intractable Negotiations?

Divisiveness –  the degree to which the conflict divides people such that they are “backed into a corner” and can`t escape without losing face. Intensity –  the level of participant involvement, emotionally , an commitment in a conflict. Pervasiveness  – the degree to which the conflict invades the social and private lives of people. Complexity – the number and complexity of issues, the number of parties involved, the levels of social systems involved in the conflict, and the degree to which it is impossible to resolve one issue without resolving several others simultaneously.

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Factors That Increase or Decrease the Likelihood of Impasse

Increase Decrease The party themselves are unorganized,  loosely connected, and lacking structure. The social system from which the parties come is ill defined, dispute resolutions procedures are chaotic and uncertain, and there is an absence of clear governing authority. They are fundamental value differences on the key issues. The conflict repeatedly escalates: The parties grow in size, the number of issue expand, and the costs of resolution increase. Parties are polarized against each other, and conflict repeatedly spirals. The parties themselves are well organized: group members communicate  clearly, and the parties have clearly defined roles ad agree with common mission. The social system from which the parties come is clearly structured: there are clear procedures and rules for resolving disputes, and legitimate authority exists. There is general consensus on underlying values, but a disagreement on how resources are to be allocated. There is general frequently de-escalated: the negotiation remains contained and focused, the parties are strongly committed o finding a mutually acceptable resolution, and cycles of high conflict are frequently broken up by long cycles of relative peace and calm.

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There are 3 characteristics that can have a particularly important influence that can cause negotiations to reach impasses: Value differences:  Value differences vary from minor differences in preference to major differences in ideology, lifestyle, or what is considered sacred and critical. High stakes distributive bargaining:  Impasses may also result from distributive bargaining when there is no apparent overlap in the bargaining range. Risk to human health and safety:  negotiation reach impasse because threat to human welfare is clear and apparent and because issues themselves are rooted in complex science that is difficult for the layperson to understand, much less believe and trust.

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Characteristics of the parties may play a role in causing negotiations to be difficult to resolve. 5 categories for characteristics of the parties: How to define our self Comparing our self to others Perceptions of power Revenge and anger Conflict management styles

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CHARACTERISTICS  OF THE PARTIES EXPLANATION How to define our self Issues of  identity are central to many difficult-to-resolve negotiations. Identity is determined by the way that individuals answer the question  “Who am I?” Conflict  is likely to occur when people’s identities are threatened because such threats challenge people’s fundamental sense of who they are Comparing our self to others The issues of social comparison  reflect the way individuals define  “Who are they?” The development of a person`s social identity is often inextricably linked to the process of comparing the person`s self to others. Perceptions of power Negotiators  may believe that they can exercise coercive power to levy costs on the other party or to force to accept a settlement that is not in his or her best interest. Impasse often results from the perceived need to negotiate simultaneously about change in power and the applicable, appropriate institutions for maintaining power shift. Revenge and anger Impasse may result from  an expression of fear and anger or from a desire to seek revenge on the offending party. 3 factors that escalate conflict through revenge: An interest in retribution to correct injustice The need to stand up and express our self-worth The wish to deter future instances of undesirable behaviour. Conflict management style Impasses may result from too little engagement in the negotiation,  rather than too much.

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CHARACTERISTICS  OF THE PARTIES EXPLANATION Conflict management style Impasses may result from too little engagement in the negotiation,  rather than too much. Parties often to avoid conflict in a number of creative ways

Ways to avoid  conflict Explanation Example Aggressive  avoidance Intimidate  others to keep them away Don`t  start with me or you will regret it Passive  avoidance Try to ignore  other I refuse to  dance Passive aggressive avoidance Put the blame on the other party  and walk away If  you are angry at me, that`s your problem Avoidance  by claiming hopelessness What`s  the use…? Avoidance through surrogates Deflect the conflict to  an agent or representative to take the other on Let`s you and she  fight Avoidance  through denial Make  believe it isn`t there If I close my eyes, it will go away Avoidance through  premature problem solving There is no  conflict, I fixed everything Avoidance by folding OK, we`ll  do it your way, now we talk about something else?

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Characteristics of the Negotiation Environment

It is important that negotiators clearly understand what they are negotiating because this may be different for both parties. For instance, one party may be interested in only the current contract, while the other is interested in creating a long-term strategic partnership. Impasse also could cause from the  renegotiation   of existing agreement occur frequently and are in response to 3 situations: Postdeal  – occur as an existing agreement is expiring. Intradeal  – occur when agreement states that negotiations should be reopened at specific intervals. Extradeal  – occur when it appears that there is a violation of the contract, or absence of a contract reopening clause.

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Characteristics of the Negotiation Setting

The negotiation setting includes temporal issues, relational issues, and cultural issues. Experienced negotiators understand that changing the negotiation setting, for example physical location in which it occur can be important tactic for getting negotiation back on track. Changing room a formal to informal space an make people more comfortable and change the interpersonal dynamics. Changing an aggressive member of negotiating team with a more collaborative member can signal the other party that one is also willing to change the substance of the negotiation. Timing is critical in a negotiation. Compromises that are presented too early may be rejected outright, but if they can be repackaged and presented later for exploration, they may be able to break an impasse.

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There some mistakes that negotiators make that increase the likelihood of negotiation impasses and how these errors can derail negotiations. 6 fundamental mistakes that negotiators make that can derail the negotiation process and result in impasse: Neglecting the other side`s problem Too much of a focus on price Positions over interests Too much focus on common ground Neglecting  BATNAs Adjusting perceptions during negotiation

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LEVEL TO RESOLVE IMPASSES EXPLANATION Cognitive resolution Is  needed to change how the parties view the situation. For parties to achieve cognitive resolution, “…they must perceive that the key issues have been resolved, think that they have reached closure on the situation, and view the conflict as part of their past as opposed of their future…” Emotional resolution Involves changing how parties feel about the impasse and the  other party, as well as reducing the amount of emotional energy they put into the negotiation. Emotional resolution often involves trust rebuilding, forgiveness, and apology. Behavioral resolution Explicitly  addresses what people will do in the future and how agreements they make about the future will be realized.

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Reaching agreement on rules an procedures

Reducing tensions and synchronizing the de-escalation of hostility

Improving the accuracy of communication (improving each party`s understanding of the other`s perspective

Controlling the number and size of issues in the discussion

Establishing common ground where parties can find a basis for agreement

Enhancing the desirability of the options & alternatives that each party presents to the other

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