Negotiation and Bargaining for Conflict

Resolution

Dr. Md. Touhidul Islam

Associate Professor
Department of Peace and Conflict Studies
University of Dhaka, Bangladesh

Bangladesh University for Professionals (BUP)

Masters in Peace, Conflict and Human Rights Studies
07 June, 2024
 What are Negotiation and Bargaining?
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 Negotiation: A Tool of Bargaining
3 Conflicting Incompatibilities
 Negotiation is one of the most frequently used means of handling international
disputes.
 Diplomats of the states have to be willing to be directly engaged in discussion to
resolve differences.
 Negotiation conducted through diplomatic channel when each side of the conflict
believes that the benefit of compromised solution outweighs the losses incurring from
non-negotiation,
 The goal of negotiation is to reach agreement through joint decision-making between parties.
 Exchange of concessions is common in most bargains.

 Compromise is normally made to serve the interests of all parties in a successful

negotiation.
 Even when each negotiating party’s preferences have not been fully satisfied, the outcomes
have to be acceptable to all the concerned parties.

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 Negotiation: A Tool of Bargaining
4 Conflicting Incompatibilities (Cont.)

 Parties often have opposite preferences, but seek ‘to attain agreement as close to
their preferred positions as possible’ (Hughes, 1997.
 Negotiations search for ‘common interests and narrow the gap between the
divergent positions’.
 Willingness of the parties matters most in negotiation.
 Parties initial positions are compromised for ‘exploring minimally acceptable positions for both parties’.

 The precondition of negotiation when fails can stop moving beyond preliminary talks.
 Periodic negotiation initiatives in conflict reflect exploratory probes to try out fresh
ideas and test the parties’ interests.

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 Getting to Yes: Without Giving in.!
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 The Principled Negotiation Theory
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 The primary issue is ‘Don’t Bargain over Positions’.

 Better to avoid ‘positional bargaining’—argue over a sequence of positions.
 Such negotiation ‘produces unwise outcomes’ that are ‘inefficient’ and endanger
‘an ongoing relationship.’

 There are four fundamental principles

 I. Separate People from the Problem

 II. Focus on interests, not positions
 III. Invent options for mutual gain
 IV. Insist on Using objective criteria

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 The Principled Negotiation Theory (Cont.)
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 Separate the people from the problem
 Interaction between the parties is more important than the problem.
 Negotiations are people who have different values, diverse backgrounds
and their own emotions attached to these elements.
 Therefore, their relationship is entangled with the problem.
 Hence, their perception, emotion and communication need to be
addressed first.
 Perception: ‘Put yourself in their shoes’ and ‘discuss each others perceptions,’ and
make ‘face-saving proposals’ in line with their values.
 Emotion: Explore the causes of the emotions of both parties, defuse anger, voice
grievances and seek symbolic apology.
 Communication: Not to speak directly, listen the other to rebut the statements, and
understand misunderstanding and misinterpretations.

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 The Principled Negotiation Theory (Cont.)
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 Focus on interests, not positions
 Identify and distinguish the positions that the parties hold from the
interests that led them to those positions.
 Position could be occupying a territory (Sinai Peninsula—Israel
Security and Egypt Sovereignty).
 But, focus on underlying interests.!
 Focus on basic human needs, economic well-being and control
over one’s life.
 Then allow parties to discuss on their interests, with an open mind, to
find out alternatives that satisfy their needs.
 Satisfying interests is more important than upholding positions.

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 The Principled Negotiation Theory (Cont.)
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 Invent options for mutual gain
 Look for options that both parties interests they are negotiating.
 Parties can brainstorm separately, and possibly together at a latter
stage.
 They could identify the problem, conduct analysis, find approaches
and identify action ideals to come to a common situation.
 Options could meet their shared interests or meet separate interests
on a complementary basis, like horse-trading.
 Once they come to that stage with suitable option, any of the
parties can draft an agreement to generate formal discussion and
reaching to a decision.

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 The Principled Negotiation Theory (Cont.)
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 Insist on using objective criteria

 ‘Negotiate on some basis independent of the will of either side.’
 Objective criteria can be based on factors like market value and
precedent.
 Objectivity could lead to ‘wise agreements amicably and
efficiently’, but there are three steps for that:
 Jointly search for that criteria.
 Keep an open mind to chose criteria and apply them, and
 Not to use pressure or threat, over the other party.

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 Limitations of the Principled Negotiation Theory
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 The world is not an ideal place, but is a real world.
 Therefore, in practice, parties may not reach to agreeable objective
criteria for negotiation.
 Conflicting parties are not unitary actors, but more complex entities like
states and non-state actors.
 There is a part of negotiation called ‘process’ that is missing in this theory.
 No discussion on ‘distributive bargaining’ that entails gain for one and loss
for the other.
 There are shared problems that need to be addressed through
accommodation or integration.
 No mention about problem solving approach, role of negotiator in power
struggle.
 There is a situation called ‘Getting to ‘no’

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Conclusion
 Negotiation is a process, full of maneuvering to gain as much as possible for
the parties.
 No absolute theory or approach, but it is an art.
 What strategies applies parties to reach to an agreement is determined by
their interests and needs that are oven very difficult to address without
maneuvering and being strategic.
 Bargaining helps parties to find alternative options for reaching a point to
satisfying their needs.
 Yet, weak parties may have to make more concessions than the powerful
one.

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 Many thanks.

Questions and reflections.