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Negotiation & Conflict Management (Advanced)

Negotiation and Conflict Management in Organizations

Negotiation of Contracts, Partnerships, and Employment Agreements

Negotiation and Conflict Management in Organizations

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Negotiation and Conflict Management in Organizations

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The early resolution and mediation process should be customized to fit the organization's policies, procedures, and culture, while keeping the approach as informal and approachable as possible. The table in the window illustrates how each stage in the early resolution and mediation process can be utilized based on the level of conflict escalation. It's important to recognize that the progression from conflict coaching to formal mediation is not necessarily a failure; rather, it can be seen as a step in the journey toward resolving the issue and addressing the underlying problem.

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Provision for workplace disputes

Provision for employment disputes

One key factor in the success of early resolution, as previously highlighted, is its voluntary aspect. When we opt for mediation, we are making a conscious and empowered choice to address the situation we are in. Therefore, it’s crucial to maintain this principle in the employment contract. Instead of stating that the parties must mediate, the contract should require them to consider mediation, enabling them to assess the situation as it develops rather than feeling compelled to confront the other party in potentially uncomfortable circumstances. The contractual terms should address disputes related to the contract, particularly in cases where an individual may part ways with the organization, which I refer to as 'Employment disputes.' Additionally, it should cover disagreements that may arise between colleagues during their work, which I call 'Workplace disputes.'

Negotiation of Contracts, Partnerships, and Employment Agreements

• Pinet, A. & Sander, P. (2012). The Only Negotiation Book You’ll Ever Need. Adams media.
• Rahim, M.A. (2023). Managing Conflict in Organizations. Fifth Edition. Routhledge. Taylor & Francis Group. ISBN: 978- 1- 003- 28586- 1 (ebk)
• Moore, C. W. (2014). The Mediation Process: Practical Strategies For Resolving Conflict (4th ed.). Jossey-Bass. ISBN 978-1-118-30430-3 (pbk.)
• Scott, V. (2015). Workplace Conflict Resolution Essentials for Dummies. A Wiley Brand. ISBN: 9780730319504
• Weinstein, L. (2018). The 7 Principles of Conflict Resolution. How to Resolve Disputes, Defuse Difficult Situations, and Reach Agreement. Publishing Financial Times. Pearson.

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Provision for employment disputes In the event of any dispute, complaint, or disagreement concerning this employment contract, both parties will explore the option of mediation as outlined in the company’s Early Resolution and Mediation Policy. Unless the parties agree otherwise, the mediator will be appointed by [the Conflict Resolution Centre]. The mediation process is confidential and will be approached voluntarily and in good faith, with neither party relinquishing any other legal rights by participating in this process.

Provision for workplace disputes In the event of any conflict, disagreement, or complaint arising between employees during their employment, the involved parties are encouraged to seek resolution through individual conflict coaching and/or mediation, following the company’s Early Resolution and Mediation Policy. To initiate mediation, the issue must first be brought to the attention of the mediation coordinator, as outlined in the company’s Mediation and Early Resolution Policy. Unless the parties agree otherwise, the mediator will be appointed by [the Conflict Resolution Centre]. It’s important to note that mediation is a confidential process that participants enter into voluntarily and in good faith, and engaging in this process does not waive any statutory or legal rights. If either the employee or manager believes that mediation could be a suitable way to resolve the issue, they should reach out to the mediation coordinator. Participating in mediation does not prevent employees from pursuing other options available in the company’s grievance procedure if the mediation does not lead to a resolution. Additionally, the disciplinary and capability procedure may also allow for mediation if both parties agree. It may be necessary to establish a timeframe to prevent unnecessary delays in the process.

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The 7 Principles of Early Conflict Resolution are:

• Principle 1: Acknowledge the conflict
• Principle 2: Take control of your response
• Principle 3: Apply the resolution framework for difficult conversations
• Principle 4: Manage the resolution – the soft mediation assignment
• Principle 5: Build a culture of early conflict resolution
• Principle 6: Walk the walk –using conflict resolution tools in everyday life
• Principle 7: Engage the safety net –what to do when informal conflict resolution doesn’t work

Note: If you want to know more about this topic, review Weinstein, L. (2018). The 7 Principles of Conflict Resolution. How to Resolve Disputes, Defuse Difficult Situations, and Reach Agreement.