Dispute Resolution

Dispute Resolution

Dispute Resolution

to identify a resolution mechanism that results in win-win scenarios

to analyze the role of power in dispute resolution

to identify negotiation techniques

to analyze a negotiation process

Objectives:

Elements of Solutions

conflict management VS elimination

alternative solutions VS contest

shared responsibility for win-win VS win-lose scenario

Areas of Potential Conflict in RED

within or between community-based organizations

between community-based organizations and Government

Process Design

The parties design and develop the process, becoming involved in the following:

assessing the appropriateness of the approach

negotiations

implementation

monitoring and evaluation

Power Effects

Power is the capacity to produce an intended effect.

A reliance on power leads to a hardening of positions.

The use of power creates imbalances and is a major factor in determining solutions.

Understanding Power

Power may be:

real or perceived;

obvious or hidden; or

stated or inferred.

Goal:

bring balance to create cooperative environment

Understanding Power (contd)

Power may have a formal, legal, personal, or knowledge basis.

Power may result from money, racial affiliation, age, or emotional manipulation.

Negotiation Continuum

Approach

Violence,

non-violent

direct action,

legislation

Results

win-lose scenario

enforcement based on power

feeling of oppression

Negotiation Continuum (contd)

third party makes a decision based on submissions

win-lose scenario

little support for implementation

Litigation(process taking legal action) and/or arbitration

Negotiation Continuum (contd)

third party plays a process role

third party ensures open and continuous communication

expansion of range of possible solutions

ownership of outcomes

empowerment

redistribution of authority

shared commitment and responsibility for implementation

saving of time and money

Mediation, conciliation, negotiation

Negotiation Continuum (contd)

depends on goodwill of parties

environment of mutual trust

best for addressing minor issues

Informed problem- solving

Negotiation Continuum (contd)

win-lose scenario

passive approach

no indication of agreement

no indication of support or interest

Avoidance

Principles/Tactics for Negotiating

1.Separate the people from the problem.

2.Focus on interests, not positions.

3.Invent options for mutual gain.

4.Know your best and worst scenarios.

5.Respect the opinions of all.

6.Empathize, do not sympathize.

Qualities of a Negotiator

demonstrates an ability to listen deeply and accurately;

works to build trust and facilitates communication;

works beyond perceptions and questions assumptions;

He/she:

Qualities of a Negotiator (contd)

ensures discussions deal with interests VS positions;

looks for imaginative and innovative solutions;

looks for mutually acceptable outcomes;

asserts the point of view of constituents;

is prepared; and

remains open to solutions.

Preparation

Identify existing levels of agreement.

Know as much as possible about the opposing party.

Identify other possible options for a resolution.

Information gathering

Information gathering (contd)

Know about any third parties.

Know the importance of relationships and outcomes.

Know the locations and times of meetings.

Establishment of Expectations

commitment to the process;

the authority of negotiators;

a mutual desire for an acceptable outcome;

ground rules;

a positive, future-focussed tone; and

areas of agreement.

Try to establish:

Definition of Issues

Table all issues before negotiations start to build trust, eliminate surprises.

Avoid stating positions.

Recognize interests and clarify information.

Emphasize common areas.

Options and Solutions

Avoid putting forward lists of demands which prevent generating solutions that result in win-win situations.

Generate as many options as possible.

Identify those that maximize mutual gains.

Negotiation Table

Ensure all stakeholders have a seat (be inclusive).

Ensure negotiators have authority from their constituencies.

Build in opportunities for negotiators to consult with their constituencies so that agreements will hold.

Negotiation Table (contd)

Provide opportunities for exploratory talks.

Reach agreements on spokespersons.

Initial partial agreements.

23