Lectures 1-4.docx - LECTURE 1 NEGOTIATION AS A PROCESS Why does it occur – Attempts to agree on how to share or divide a limited resource Create

Lectures 1-4.docx - LECTURE 1 NEGOTIATION AS A PROCESS Why...

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LECTURE 1: NEGOTIATION AS A PROCESS Why does it occur? – Attempts to agree on how to share or divide a limited resource Create something new that neither party could obtain on their own To resolve a dispute or problem between the parties Why negotiation? – Distinction drawn in text between bargaining and negotiation Bargaining relates to competitive, win-lose situations Negotiation relates to ‘win-win’ or mutually acceptable solutions Elements of a negotiation – There are 2 or more parties There is a conflict of needs and desires between 2 or more parties Parties negotiate because they think they can get a better deal than by simply accepting what the other side offers them Parties expect a ‘give-and-take’ process Parties search for an agreement – requirement to assess alternatives Measuring success? Management of tangibles, resolution of intangibles (psychological motivations) including winning or losing What makes negotiating possible? – Parties need each other Existence of interdependence The level of interdependence will shape the approach parties take to negotiating Are there any interlocking goals? Most interdependent relationships have a mix of convergent and conflicting goals Factors influencing interdependence – Alternatives? How desirable is it to work with the other party? Development of a BATNA (Best Alternative to a Negotiated Agreement). What are the costs and consequences of pursuing an alternative strategy? Negotiating is a dynamic process – Requirement of mutual adjustment of bargaining position throughout process Negotiators need to understand peoples’ responses/proposals, interconnectivity of activities, and the role of individuals A change in position is called a concession – which limits the range of possible outcomes, brings parties closer to agreement? The ‘dilemmas’ of adjusting your position – Dilemma of Honesty: how much do you tell the other side? How will the other party use this information? Dilemma of trust: - How do you know if negotiators are telling the truth? - How can you ascertain whether to believe them or not? - Influencers: reputation, outcomes from interactions in the past, recognition of the pressures that both parties face An example of the convergence between theory and law – How are workplace negotiations regulated under Australian workplace law ( Fair Work Act 2009 (Cth))? A ‘Good Faith’ approach? Elements of s.228 include: a) Attending and participating in meetings b) Disclose relevant information in a timely manner c) Respond to proposals made by other bargaining representatives d) Give genuine consideration to the proposals of bargaining representatives 1
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e) Refrain from ‘capricious’ (unpredictable, erratic) or ‘unfair’ conduct that undermines freedom of association or collective bargaining f) Recognising elected bargaining representatives To claim value or create it? –
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