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Conflict negotiation is necessary when parties have differing opinions, often in business. Mediation involves a third party to create win-win solutions that meet both parties’ needs. Effective negotiators identify the problem, listen to each side, and create a revised agreement. If a compromise cannot be reached, a new phase of compromises and workarounds may be suggested before arbitration or litigation.
When two or more parties or people have differing opinions, conflict negotiation is often necessary. In the business world, the conflict might be about things like the wording of the contract, the terms of a sale, or simply differences in personalities or work styles. No matter what type of issue, the root issue is typically exemplified in a stalemate, during which neither side wants to back out. Sometimes called mediation, conflict negotiation usually involves the intervention of a third party to foster communication between the litigants, talk about solutions, and create an agreement that meets both parties’ needs. The most successful types of conflict negotiation are resolved with win-win solutions, which are solutions that mutually satisfy all parties involved.
Many companies train their management teams and HR professionals in conflict negotiation. There are different types of strategies and techniques used to resolve conflicts. Most people agree that the first step is a clear identification of the problem. This step can be very important, because many conflicts are the result of miscommunication and misunderstandings. Effective conflict negotiators are excellent listeners trained to hear what each side wants as an end result.
After the problem has been identified and the negotiator fully understands the motives of all parties, he can start looking for ways to reach a compromise between the parties. This phase of conflict negotiation usually involves talking to each party separately to learn what they are willing to “give up” and the issues they won’t give up on. At this point, the negotiator typically creates a revised contract or agreement incorporating the agreed compromises. Sometimes, the actual meaning of the original contract does not change, but the particular wording or phrase that may have triggered the conflict does change. The mediator then presents the new draft to both parties to see if an agreement can be reached.
If a compromise is not agreed with the new draft, conflict negotiation typically moves into a new phase of compromises and workarounds. For example, if part no. 1 wants solution A and part n. 2 wants solution B, the negotiator might suggest solution C, which might incorporate parts of solutions A and B but often result in an entirely different final solution. This way, both sides do not feel that the opposing side won the conflict or got what they wanted. If the parties disagree at this point, conflict negotiation usually turns into arbitration or litigation.
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