Negotiation is where two or more people or parties intend to reach an understanding or solve the problems between themselves without necessarily using a third party. Negotiation is a process where each party involved in negotiating tries to gain an advantage for themselves by the end of the process. Negotiation aims at compromise.
Traditionally, negotiation occurs directly between the parties and does not involve a neutral third party. If the negotiations break down and/or reach an impasse, a third party may be introduced creating a process of facilitated negotiation. Facilitated negotiation tends to be a more ad-hoc and informal process than mediation.
Direct negotiation is the most common form of negotiation. In direct negotiation it is helpful to write down your thoughts or what you want to say. It is often helpful to talk to a neutral person or someone who is not involved in the subject matter to be negotiated (such a person maybe a good friend, citizens information service official, or a solicitor).
Once you have organised your thoughts and have your objectives written down, you are now ready to go into the process of negotiation. During negotiations it is important to observe the following:
- Ensure you chose a good and appropriate time to have negotiation meetings (a time when you and the other party are not in a hurry or under pressure for time).
- Ensure that you arrange a suitable location for negotiation (such a place should be easy to locate, comfortable and neutral).
- Ensure that you talk face-to-face.
Before negotiation comes to an end, it is important to endeavour to reach an agreement. If you reach an agreement, you need to be clear about what has been agreed and that it is written in a clear and concise manner. Furthermore, both parties have to sign such an agreement. The agreement can have provisions for checks, amendments or reviews at a particular juncture or on the occurrence of a particular event.
Should you fail to reach an agreement with the other party, you may need to explore a more formal method of negotiation.
Conciliation
Conciliation is a process aimed at settling disputes in a non-confrontational and friendly manner. In conciliation, an independent person known as a conciliator endeavours to resolve disputes.
A conciliator assists each of the parties to independently develop a list of all of their objectives (the outcomes they desire to obtain from the conciliation). The conciliator then has each of the parties separately prioritise their own list, from most to least important. He or she then goes back and forth between the parties and encourages them to ‘give’ on the objectives one at a time, starting with the least important and working toward the most important for each party in turn.
The parties rarely place the same priorities on all objectives, and usually have some objectives that are not listed by the other party. Thus, the conciliator can quickly build a string of successes and help the parties create an atmosphere of trust that the conciliator can continue to develop. In the event that the conciliator is unable to resolve the disputes between the parties, he or she may issue a recommendation for the resolution of the dispute.
Conciliation differs from arbitration in that the conciliation process in and of itself has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision and makes no award.
Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that enhances party’s needs, takes feelings into account and reframes representations.
In conciliation the parties seldom if ever actually face each other across the table in the presence of the conciliator. The process is private and voluntary for both sides.
To be continued...
Femi Daniyan is a barrister and founder/president of the Afro-Irish Organisation, a human rights organisation.
