Obstacles to Negotiation

In intractable conflicts, removing the obstacles to negotiation is the critical first step in moving toward negotiated agreements.  Sometimes people fail to negotiate because they do not recognise that they are in a bargaining position.  They may fail to identify a good opportunity for negotiation and may use other options that do not allow them to manage their problems as effectively.  Or, they may recognise the need for bargaining but may bargain poorly because they do not fully understand the process and lack good negotiating skills.

Emotions and Tensions

Negotiating is a tension-filled and thus emotional experience. A successful round of negotiations will usually have several built-in strategies to reduce tension, such as opportunities for withdrawal, predetermined sessions of limited length and agreements on who can speak for how long. these are rules of procedure.

Nevertheless, it is up to the leaders of the negotiating team and the facilitators, if present, to use their good sense to deal with problems as they arise. This can be done by making jokes, insisting that all who deserve to be heard are heard and insisting on respect and consideration for all parties.

When tensions get out of hand, it is usually for one or more of the following reasons:

• Information is not given as freely as one of the parties believe it should;
• Excessively critical remarks about the other team’s position are made;
• The conflict becomes personalised, with the style or manners of individual people coming in for attack;
• A refusal to listen to the other party (or even a belief that this is so);
• People involved think that they are getting nowhere – in fact they may be further apart then ever;

Confusing the Issue

In poorly-prepared negotiating sessions, it is common for one or more of the parties to challenge the validity of the issues under debate. They might refuse to consider some or insist on adding additional ones. Another problem is that accepted issues become twisted or redefined, so that the parties are not debating what they started out discussing.

Undermining Negotiators

Undermining is usually done by the group who appoints the negotiator to represent them – the organisation wants to keep control of the situation by not allowing the negotiators to make any decision without checking their bosses. This is a waste of everyone’s time. If the role, power and authority of the negotiating team are not specified clearly, then it becomes difficult for them to make concessions, or for the other party to feel confident that what is said is trustworthy.

Bungling Closure

There is a special skill in recognising the best moment to affect closure. Both parties need to realise that the issue has been discussed in enough depth, that concessions that can be made have been made – in other words, that little more can be gained by continuing with the negotiation. If Party A demands another concession, or suddenly introduces a new condition, or simply shows a lack of urgency, Party B might walk away from the negotiation, claiming that they have done all they can, but that Party A is obstructive. At this point it is important to summarise verbally what has been agreed, preferably using your own words. Then the agreements should be put in writing as soon as possible, while the details are fresh in the negotiators’ minds. If these two steps are not taken, then dispute about the terms of the agreement are bound to arise later.

Click here to view a video that explains how to negotiate better.