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Unit 4: Negotiation




          4.4 Negotiating Conflicts                                                             Notes

          The right to differ and have one’s own viewpoint is an integral part of a democracy. We become
          convinced that our point of view is the right one and that the other party could not agree to it
          because of the lack of understanding or inability to using the same facts and arguments to arrive
          at the conclusion. As a result both the parties waste hours and days together fruitlessly arguing
          repeating the same ground instead of negotiating to achieve a workable compromise.
          One of the major causes of conflict is differing perceptions. Beside there are other causes too: e.g.
          one of the parties might want to improve on other’s offer (even after a deal has been agreed) thus
          introducing conflict deliberately. Sometimes there is a genuine gap between the parties beyond
          their control e.g. suppose a flight is delayed due to fog, hence a major contract is lost, consequently
          substantial reduction of work available in the company, redundancies are inevitable.

          People negotiate because of self interest, be it corporate or personal. It is not always possible to
          resolve conflict by negotiation. Two parties in conflict can, of course, decide to ignore the issue
          and agree to disagree. Difference of opinion on politics, religion and sport may probably fall in
          this category. Agreeing to disagree will not make the problem go away where these differences
          affect or are part of a work or commercial relationship.
          In the negotiating context, the conflict can be of two kinds:
          1.   Conflict of interest and
          2.   Conflict of rights
          The conflict of interest occurs where either the terms of business have not been settled or being
          re-negotiated, having settled earlier. Labor negotiations on wages, hours, numbers and working
          conditions, commercial negations on price, quantity, quality and delivery are the examples of
          the conflicts of interest.
          The conflict of rights occurs where a  difference of  interpretation arises  about the existing
          agreement between the two parties. In labor negotiations a dispute can arise over the application
          of an existing agreement. In commercial negotiation the conflict could centre on whether the
          terms of the existing contract have been met? Did one party fulfill its obligations under the
          contract, if not, was it entirely its own fault or did the other party contributed too, if yes, how
          much? Again, this is a conflict about rights not interests.
          The word ‘Conflict’ is used descriptively because that is what it is. Characterizing or categorizing
          the conflicts of rights or interests, is a prelude to resolving it.

          Negotiations as a process for conflict resolution necessarily centers on the issue on which the
          two parties are in conflict and  not their relationship in total. It is because parties despite all
          difference have a common overall interest and common interest in finding a negotiated settlement.
          It does not imply that any terms are acceptable.




              Task  Conduct a debate on following statements and interpret them.
             1.  “This is an age of negotiation”

             2.  “Negotiation is process of adjusting both parties’ views of their ideal outcomes to
                 an attainable outcome”









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