INTRODUCTION
Conflict is inevitable where two or more people are working together to achieve a common goal.
This must be so because as distinct individuals we are not wired to think alike.
But in the face of divergent views touching on organizational interest, we are at liberty to think together and arrive at what is in the best interest of the organization.
Therefore, a Professional Manager should not expect a conflict free work environment.
Rather, the focus should be how to effectively deal with conflicting voices and synchronize all shades of opinions in a seamless fashion that will guarantee the attainment of organizational goals.
It cannot be denied that in recent times the overhead cost of running any successful organization in Nigeria is on the high side.
Similarly, the cost of sustaining a decent living condition in Nigeria is altogether becoming alarming.
Consequently, Managers and their team are often subjected to severe pressure in order to remain afloat. Silent dissatisfaction and suppressed anger cannot be ruled out in the workplace. Although this ought to be an exception to the rule, but this ugly reality cannot be denied.
The recent “END SARS” protest which rocked some section of Nigeria in the month of October, 2020 presents a vivid and sordid example of how conflict could easily degenerate into a vicious circle of wanton destruction if not effectively managed.
In the light of the above background, I commend and congratulate this noble institute for the timely theme of this paper as it is beyond controversy that any Professional Manager that cannot effectively deploy the instrumentality of negotiation as a conflict management tool has a long way to go.
This now takes me to the paper proper.As a takeoff point and to facilitate ease of understanding, it will suffice to attempt a working definition of the term “negotiation” and the phrase “conflict management.”
According to the Black’s Law Dictionary (6th Edition) to negotiate which is the root word of negotiation means among other things:
1.To bargain with another respecting a transaction.
2. To conduct communications or conferences with a view to reaching a settlement or agreement.
3. To meet with another so as to arrive through discussion at some kind of agreement or compromise about something.
As it is a matter of trite that no source of knowledge is absolute, I, therefore, take the liberty to refer to another view expressed in Investopedia on the concept of negotiation. It says:“A negotiation is a strategic discussion that resolves on issue in a way that both parties find acceptable.
In a negotiation, each party tries to persuade the other to agree with his or her point of view. By negotiating, all involved parties try to avoid arguing but agree to reach some form of compromise.”Going forward, the most simplified definition of negotiation in my view was put forward by Henry McGee of the Harvard Business School. In his exact words, “Negotiation is just another word for persuasion, and it’s all about convincing the other side to see your side of the story.”In a related development the term “conflict management” has been defined as follows:
“Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict. The aim of conflict management is to enhance learning and group outcome, including effectiveness or performance in an organizational setting. Properly managed conflict can improve group outcome.”(Alper, S; Tjosvold, D; Law, K.S (2000) Conflict Management, Efficacy, and Performance in Organizational Teams)See also the well considered opinion expressed in www.valmaris.com/hub/conflict management-style on the import of conflict management as set down below:“Conflict management is the process by which disputes are resolved, where negative results are minimized and positive results are prioritized.” ALTERNATIVE DISPUTE RESOLUTION (ADR)At the risk of repetition, I must say once again for the sake of emphasis that conflicts or disputes in the workplace are inevitable. What is critical is the capacity to effectively deal with such conflicts. In that wise there are several approaches to dispute resolution.Some Managers may opt for confrontation while a smart Professional Manager will simply negotiate in deserving situations.
As a matter of fact, in contemporary times it has been discovered that some conflict resolution mechanisms are more effective and time saving than the regular conventional methods of conflict resolution. That is what is generally referred to as Alternative Dispute Resolution (ADR) and it consists of negotiation, mediation, conciliation and arbitration. Of course, there could be diverse hybrid of Alternative Dispute Resolution (ADR) mechanisms.SCOPE OF NEGOTIATIONAlthough this paper is narrowed down to negotiation and conflict management in organizations, the point must be made that the scope of negotiation is very wide as it covers areas such as industrial disputes, domestic relationships, government, social relationship, etc.According to Wikipedia, “People negotiate daily, often without considering it a negotiation. Negotiation occurs in organizations, including business, non-profits, and within and between governments as well as in sales and legal proceedings, and in personal situations such as marriage, divorce, parenting, etc.”TYPES OF NEGOTIATIONThere are three principal strategies used in negotiation, namely:
1. POSITIONAL/HARD NEGOTIATING.This strategy can only create win/lose outcomes as the following points often play out:(a) Distrust for others (b) Be hard on people and problem. (c) Make threats. (d) Insist on your position. (e) mislead as to bottom line.
2. CO-OPERATIVE/SOFT NEGOTIATING.(a) Create win some/lose some situation (b) Trust others (c) Be soft on people and problem (d) Make offers (e) Insist on agreement (f) Disclose bottom line.
3. PRINCIPLED/PROBLEM SOLVING NEGOTIATING.(a) Create win/win. (b) Proceed independent of trust. (c) Separate people from the problem. (d) Explore interests (e) Insist on objective criteria (f) Avoid having bottom line. STAGES OF NEGOTIATION Generally there are five stages of negotiation.
These are:
1. The preparation stage (i.e. gather information and do planning and goal setting);
2. The opening stage/discussion;
3. The bargaining stage/generating options and solutions;
4. Closing stage/agreement or final breakdown; and
5. The implementation stage.In a related development Orojo and Ajomo are of the view that negotiation may be reduced into three stages. Writing under the heading “Procedure for negotiation”, the learned authors identified the stages thus:
Stage 1This involves the definition of the problem, the clarification of objectives, finding out exactly what the other side wants, that is, trying to assess the underlying needs or preferences of the other party to enable you develop a strategy to meet them.
StageII It is necessary at stage II to have a brief but working knowledge of the habits, antecedents and inclinations of the other party to the negotiation. This information will help you tailor your strategy to meet his need.
Stage IIIAgreement stage. This is where compromises are made and a mutually satisfactory conclusion is reached.
Surprisingly, in civil law systems, unlike in common law jurisdictions, there is an overriding principle of good faith in contract negotiation and performance.
NEGOTIATION AND CONFLICT MANAGEMENT STYLES Scholars over the years have identified some basic conflict management styles as briefly captured below:
• ACCOMMODATING – Here you simply allow others to have their way to save your time. It could also be a subtle admission that the other party is right.
• AVOIDING – Here you either ignore the conflict or you remove the party involved. For example, you may opt to remove a difficult team member from the team for peace to reign.
NB: If you don’t use this system appropriately it will create more problem especially where sentiment and bias is involved.
• COMPROMISING – This is often a lose-lose approach. Parties are to give up certain things for the benefit of the larger organization goal.NB: This may breed resentment especially if a party felt it has given more than the other.
• COMPETING – Here you stand firmly on your viewpoint because you are persuaded that it’s the best and therefore not negotiable
.NB: This approach should be used only sparingly.
• COLLABORATION – This is a win-win approach which requires time and energy to achieve. But it’s good for the organization in the long run.
MISTAKES TO AVOID AT THE BARGAINING
TABLE1. Forgetting to shake hands – Professors Francesca Gino and Michael Norton of Harvard Business School noted that, “Shaking hand was found to foster collaboration and promote deal-making in the bargaining process.”
2. Letting stress and anxiety affect your demeanour – According to Professor Mike Wheeler, a key figure in Negotiation Mastery, “Stress and anxiety can affect your ability to adequately communicate your position.”
3. Neglecting the other side’s perspective – It’s vital to demonstrate your willingness to actively listen at the outset of a negotiatio.
4. Negotiating against yourself – Never be in a hurry to seal a deal. Listen to the other side and allow them to reveal enough information about what is truly at stake. Premature deal is tantamount to negotiating against yourself.
5. Using aggressive, accusatory language – According to Harvard Business School, “Beyond strategies and tactics, how you communicate during a negotiation can divulge a lot about your willingness to cooperate.”
6. Immediately giving into ultimatum – When presented with unrealistic ultimatum with threat of impending consequences try and maintain your calm. Sometimes silence is the best response. On this point Professor Wheeler noted: “But often it’s smarter to let the remark pass without comment. Your counterpart may have spoken in haste. Given time, he or she may soften their position – provided you haven’t reinforced it.”
7. Losing sight of your value – Be yourself and affirm your value. Harvard Business School says it all: “This clear understanding of yourself and your position can help you focus on what’s truly important in the negotiation process- even in the most complex and trying situations.”
8. Rushing the process – Don’t rush. Reject tempting baits. Think of the far reaching effects of your concessions and deals. Listen to Harvard Business School, “While it can be tempting to concede to demands early to avoid conflict, you need to commit to your bargaining strategy and see it through to the end.”
9. Not understanding your “Best Alternative to a Negotiated Agreement” (BATNA) – This is simply the course of action to take if an agreement cannot be reached. It’s actually your back-up plan.
NB: Follow due process before you walk away in order to preserve the relationship.PROFESSIONAL MANAGERS AND CONFLICT MANAGEMENTProfessional Managers must have a clear understanding of the motivating force in the organization. Put in another way, it is important to know things that will bring out the best in your team. The capacity to effectively deal with those issues for mutual benefit will ultimately determine the fate of the organization. Consider the following:
• Enhanced pay package.• Modern and adequate working tools.• Flexible work hours.• Working virtually from home.• Extra vacation• Maternity/Paternity leave• Improved healthcare• Disability benefits• Welfare such as housing loan, car loan, provision of staff bus, etc. TACTICS IN NEGOTIATION1. Don’t think in terms of winning – Get a clear picture of your goals and be ready for collaboration.2. Think of the other person – Give and take is the rule of the game.3. Don’t assume, clarify – Make sure you’re on the same page with the other party.4. Don’t make threat – Don’t allow emotions rule your negotiations. Consider President Donald Trump’s wrong approach when he threatened the North Korean Leader that, “We have more missiles than you.”
NEGOTIATION AND EMOTIONAL INTELLIGENCE Emotional intelligence is a valuable and indispensable tool in the negotiation process. It has been posited that Emotional Intelligence (EI) is far more important than Intelligent Quotient (IQ).
One of the leading authorities in the subject of Emotional Intelligence is Daniel Goleman. In his book titled Emotional Intelligence (1995) Goleman defined the concept as “the capacity for recognizing our own feelings and those of others, for motivating ourselves, and for managing emotions well in ourselves and in our relationships.”The Cambridge Dictionary provided a simple definition of Emotional Intelligence, that is to say, “the ability to understand the way people feel and react and to use this skill to make good judgments and avoid or solve problems.” A grasp of Emotional Intelligence is required to be an effective negotiator. There is no point going to the negotiating table when you cannot effectively manage your feelings or emotions.Daniel Goleman in his book Working with Emotional Intelligence (1998) has this to say, “The rules for work are changing. We’re being judged by how smart we are, or by our training and expertise, but also by how well we handle ourselves and each other. This yardstick is increasingly applied in choosing who will be hired and who will not, who will be let go and who get retained, who passed over and who get promoted.”It is clear that Emotional Intelligence is all about understanding and regulation of feelings and the use of feelings to guide our thought and action.
Emotional Intelligence helps us to appreciate and leverage on the following:
• Self-awareness – understand your feeling.• Self-regulation – Handle your feelings well.• Motivation – Self initiatives for improvement in the face of obstacles.• Empathy – Sense what others are feeling.• Social skill – Achieve great result through the way you handle relationships.
BENEFITS OF SUCCESSFUL NEGOTIATIONA successful negotiator has a lot to gain especially as a Professional Manager whose focus is the attainment of organizational goals. Some of the benefits of any successful negotiation are itemized below:
1. Successful negotiation helps you to build better relationships.
2. It delivers lasting, quality solutions – rather than poor short-term solutions that do not satisfy the needs of either party.
3. It also helps you avoid future problems and conflicts. CONCLUSIONIn concluding this presentation, I find the opinion of Oxford Management Centre as a clear representation of my intended concluding remark. I, therefore, take the liberty to adopt the opinion of this excellent consultancy outfit:“Our ability to negotiate and manage conflict effectively is amongst the most valuable skills we can develop to improve our organizational performance. These skills enable us to negotiate better deals, manage teams and projects more efficiently, and interact more constructively with customers, clients and colleagues.” (www.oxford-management.com/course/negotiation-and-conflict-management-in-organizations)
Thank you for listening.
BY OLUSEYI AMOSE, ESQ at the annual National Conference of the Institute of Professional Managers and Administrators of Nigeria (IPMAN-NIGERIA) in collaboration with African Institute of Strategic Managers held on 4th December, 2020 at 3JS Hotel, 31, P.OW Mafemi Crescent, Utako, Abuja-Nigeria.
REFERENCE1. Orojo, J.O; Ajomo, M.A (1999) Law and Practice of Arbitration and Conciliation in Nigeria: Mbeyi & Associates(Nigeria Limited), Lagos.2. Ajetunmobi, A.O. (2017) Alternative Dispute Resolution & Arbitration in Nigeria: Lagos.3. Ojo, B. & Oyekunle, T. (2018) Handbook of Arbitration and ADR Practice in Nigeria: LexisNexis.4. Alper, S.; Tjosvold.; Law, K.S. (2000) Conflict Management, Efficacy and Performance n Organizational Team.5. Maddux, R.; Maddux R.B.; & Lickson, C.P. (2006) Negotiation Basics: Win-Win Strategies for Everyone ,4th Ed.6. Lewicki, R.J.; Hiam, A. (2006) Mastering Business Negotiation: A Working Guide to Making Deal and Resolving Conflict.7. www.business.qld.gov.au/running-business/marketing-sales/managing-relationship/negotiate/skills8. www.online.hbs.edu/blog/post/negotiate-strategies-what-not-to-do9. www.projectmanager.com/blog/how-to-negotiate-in-the-workplace10. www.valamis.com/hub/conflict management-styles
