1. Introduction to Consultation and Negotiation Skills

2. OBJECTIVES:
To outline the difference between consultation, negotiation and joint problem solving
To Examine the benefits of consultation
To understand negotiation theory and basic negotiation skills
To appreciate the difference between position based and interest based bargaining
To understand the different stages of negotiation
To appreciate how Individual behaviours impact on the negotiating process.

3. Knowing the Boundaries
What types of issue might you be consulted on in your organisation?
What types of issue might you negotiate on in your organisation?
What problems are caused in differentiating between consultation and negotiation?

4. Session 1 CONSULTATION

5. The Definition: Consultation
The process by which management and employees/ representatives jointly examine and discuss issues of mutual concern.
Involves seeking acceptable solutions to problems through genuine exchange of views and information whilst management reserve the right to make decisions.

6. Benefits of Consultation
Promotes employee involvement
Fosters employee and management co-operation
Uses combined knowledge of those affected
Leads to better quality decision making
Potential problems are addressed at early stages
Clarifies each others' position
Smooth and effective Implementation of change
Improves morale and organisational effectiveness.

7. Joint Problem Solving
Enables management and employees/ representatives to identify, tackle and resolve issues together. Understanding of and commitment to outcomes achieved through consensus decision making.
Solves problems on the basis that elements of the outcomes may need to be negotiated

8. Consensus
A group reaches consensus when all members agree upon a solution and can honestly say:
I believe you understand my point of view and I understand yours.
Whether or not I prefer this decision I support it because:
It was reached fairly
It is the best decision for us at the time.

9. Or…
A group doesn’t reach a consensus when all members can’t agree upon a solution and can honestly say:

10. Session 2: Negotiation

11. The process of bargaining to reach a deal.
Negotiation
The process of bargaining to reach a deal.
Implies acceptance by both parties that agreement between them is required (or is desirable) before a decision can be implemented.
Both parties must have some level of commitment to do a deal.
Both parties must have the authority and will to vary the terms.

12. To Negotiate all parties must have:
A broad appreciation of the principle bargaining theories
An understanding of the different stages of negotiation
An awareness of how individual behaviours impact on the negotiating process.

13. Negotiating Theories Integrative Bargaining Distributive Bargaining
WIN / WIN
WIN/ LOSE
Principled
Traditional
Interest Based
Position Based
Disclose Information
Keep Information

14. The Stages of Negotiation
Preparation
Opening moves
Middle game
End game

15. Preparation Decide your Objectives Decide the Strategy
Research the Subject
Clarify your needs
Anticipate 'their' needs
Assign team roles
Carefully consider any requests for informal discussions

16. Employer’s objectives
Prepare Your Strategy
Employees Objectives
Ideal
Realistic
Fallback
Area for movement
Set out your objectives for the negotiation in terms of ideal, realistic and fallback positions.
Do the same exercise but approach it from the employers position.
This can give you an indication of where the areas for agreement will be - somewhere in the range of each sides realistic positions.
Employer’s objectives

17. Prioritise your ‘Tradeables’
1. List all the objectives you want to achieve or would like to achieve
2. Priority rank the list from both parties points of view will help to identify areas where negotiations will be most difficult, and concessions most hard to win
and
3. Priority rank the issues where there is scope for mutually beneficial trades.

18. Opening Moves Establish credibility of your own position
Develop common ground and shared values
Question, probe and listen
Summarise and clarify
Stress benefits of reaching an agreement

19. The Middle Game Make proposals ........ what if?
Can you package the proposals differently?
Signal a willingness to consider/agree to proposals
Consider the other side's subliminal signals
Assess what is on offer
Link and inter-relate issues "If .....then"
Have different options/ideas available.

20. End Game Look for opportunities to close the deal
Be aware of the need to save face
Put agreements in writing
when effective from?
effective for what period of time ?
who should be informed/ by when and by what means?
Review the team’s performance.

21. Positive and Negative Behaviours in Negotiation

22. Negotiators should: Avoid Practice Interrupting Questioning
Scoring points
Listening
Talking too much
Summarising
Sarcasm
Challenging
Threats
Looking for clues
Personalising
Focusing on the problem
Entrenched positions
Identifying interests

23. Types of Negotiator

24. The ‘Rambo’
The goal is victory and will pursue it ruthlessly - not interested in 'people' effect –

25. The Soft Touch
People oriented - will make offers, or yield to pressure

26. The Top-Blower
Frequently loses temper and threatens or does walk out

27. The Long Pauser
A tactic designed to get other side to reveal more

28. The Interrogator
Uses constant interrogation techniques designed to make other side feel has not prepared properly

29. The Lecturer
Loves the sound of own voice - pontificates, fails to listen to what other side is saying

30. Negotiating Tactics Make Token Concessions
Speak to the Silent (because they didn’t know your stance, or are surprised by your knowledge or stance)
Suggest incomplete brief (stall discussions until more information is made available)
Wildman / Statesman (Choose your behaviour pattern)

31. Negotiation Procedure
1. The Process
2. The Timescale
3. The Stages
4. Conciliation And Arbitration?

32. Informal discussions can lead to accusations of underhand dealing.
Informal discussions can be dangerous if confidentialities are not honoured.
Informal discussions can lead to accusations of underhand dealing.
Informal discussions can lead to the exposing of the fall-back position, and can lead to the fall-back position being taken as read.

33. Planning and preparation
Consider venue, facilities, refreshments, break-out rooms, etc (In other words ‘Case the Joint’ if you don’t know it).
Expect the employer to explain the background to proposal before stating their position. This builds the case rather than stating a position that has to then be justified.
Explain your stance to the proposals and the reasoning behind your stance.

34. Question: Two parties both want an orange:
Formula for the Solution:
Step 1:
Dig beneath their positions to find out why they want it.
Step2:
Identify interests to achieve a win-win situation.
Interests:
One party wants the juice and the other party wants the rind for a cake.
Problem solved – the orange can be shared.

35. PERSONALITIES AND ATTITUDES CAN CREATE OR DESTROY A GOOD WORKING ENVIRONMENT