Jeremy Schulman | Commercial litigator

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Jeremy Schulman
5 Negotiation Strategies for Conflict Resolution
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Avoid being
provoked into an emotional response.
First, a negotiator may challenge your
competence or expertisefor example, by saying
you dont have the experience to perform a
particular task. Second, someone might demean
your ideas in a way that it makes it difficult
for you to respond, perhaps by saying, You
cant be serious! Finally, a coworker might
criticize your style with a line such as Stop
being so sensitive.
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Dont abandon value- creating strategies.
Disputants may also be able to create value by
trading on their differing preferences and
priorities (see also, Integrative Negotiations,
Value Creation, and Creativity at the Bargaining
Table). Suppose Party A places a high value on
receiving a formal apology from Party B. Party B
might be willing to grant the apology in
exchange for a lower settlement payment to Party
A. Through such tradeoffs, negotiators can
increase the odds of a peaceful and lasting
resolution.
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Use time to your advantage.
The perceptions we hold about the dispute
resolution process may change over time as a
result of our experiences dealing with the
conflict and with the other party. For example, a
couple that endures a rancorous divorce might
grow more cooperative over time for the sake of
their children. Rather than viewing your dispute
as permanently intractable, try to view it as
being constantly in flux.
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Mediation
if you want to communicate a problem-solving
approach, sitting everyone on the same side of
the table or (for larger groups) interspersing
opposing sides around the table is generally
more desirable than sitting across from one
another.
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Negotiate differences behind the scenes.
spend at least twice as much time preparing for
an upcoming negotiation as you expect to spend
at the table, advises Cornell University
professor Elizabeth Mannix. Begin by debating
the issues to be discussed and developing
priorities. Aim to achieve consensus on the
teams goals and the strategies you will use to
achieve
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