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Negotiation and Conciliation Skills . Commissioner Jack Gregor WAIRC and AIRC Associate Professor Ray Fells Graduate School of Management, UWA. Concluding points first (!!). In preparation Be aware of what will happen if you keep saying “no”
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Negotiation and Conciliation Skills Commissioner Jack Gregor WAIRC and AIRC Associate Professor Ray Fells Graduate School of Management, UWA
Concluding points first (!!) In preparation • Be aware of what will happen if you keep saying “no” • Give most thought to where the other party is coming from In the negotiation or conciliation • Show respect, be open and listen, even if you are going to say “no” • Think about the wider and longer term issues • Complete the deal, write it up, don’t leave issues unresolved
Negotiation - an overview Negotiation is the process of two parties with differences, which they need to resolve, trying to reach agreement through looking for options and trading offers • two parties • with differences • which they need to resolve • trying to reach agreement • through looking for options • and trading offers • and an agreement
Conciliation - an overview Conciliation is the involvement of an independent person whose role is to assist disputing parties find a solution to their differences • help the parties • clarify their real differences • clarify why they need to resolve them • and support their efforts in trying to reach an agreement • through helping them create more options • and assisting them when trading offers • and making sure they are comfortable with the outcome
Preparation - for negotiation and conciliation • Two parties • who? accountable to whom? interested bystanders? • with differences • what do they want? why? • which they need to resolve • what is our BATNA? and theirs?
Preparation - for negotiation and conciliation • trying to reach agreement • through looking for options and trading offers • ends and means? priorities? timeframe? linkages? • and an outcome • will they think it is a good agreement?
Looking for options Creativity emerges from the competitiveness • Stay firm on what is really important to you • Make sure you understand where the other party is coming from • Clarify, summarise, reflect • Trial out ideas • Don’t defend them, find out why they are unacceptable
Handling obstacles to progress A deadlock is just a stage in the route to an agreement • Take time out to ‘think process’ • Consider your BATNA • Consider the situation from the other party’s perspective • Refocus on interests, priorities • Keep exploring their offer for benefits
Conciliation It is still your dispute and it will be your agreement • Preparation • Negotiation and conciliation – why and how • Unfair dismissal • Industrial disputes • Securing the deal
Concluding points – at last! In preparation • Be aware of what will happen if you keep saying “no” • Give most thought to where the other party is coming from In the negotiation or conciliation • Show respect, be open and listen, even if you are going to say “no” • Think about the wider and longer term issues • Complete the deal, write it up, don’t leave issues unresolved
Negotiation and Conciliation Skills Commissioner Jack Gregor WAIRC and AIRC Associate Professor Ray Fells Graduate School of Management, UWA