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CONFLICT RESOLUTION.
Term Paper ID:29859
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Essay Subject:
Discusses negotiation as the preferred choice of resolving conflicts.... More...
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5 Pages / 1125 Words
3 sources, 18 Citations,
APA Format
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Paper Abstract:
Discusses negotiation as the preferred choice of resolving conflicts. Focus is on how to conduct successful negotiations. Dispute resolution methods. Desirable objectives of conflict resolution. The use of negotiation as not appropriate for some issues. Issue of generic real estate disputes. Paper based on three articles on the topic.
Paper Introduction:
FACTORS MAKING NEGOTIATION THE PREFERRED CHOICE FOR CONFLICT RESOLUTION
This research reviews three journal articles dealing with negotiation and conflict resolution with the objective of gleaning from the articles the aggregate major points that make negotiation the preferred choice for conflict resolution. Unfortunately, the major focus of the authors of these three journal articles is on how to conduct successful negotiations, as opposed to why negotiation if preferable to hitting some over the head with a baseball bat to settle disputes.
Levy (1999) actually uses more space in the article to discuss dispute resolution methods other than negotiation than he devotes to the negotiation process. Nowhere in the
Text of the Paper:
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In that way both parties can feel that theygain something from the negotiation process; a perception they would notnecessarily have if the negotiation objective was to seek monetary equityin the solution. Pulling together can resolve conflict, Occupational Hazards, 61(3), 65-67.Levy, G. Resolving real estate disputes. She also states that "Negotiation is not persuasion" (Fernberg,1999, p. Without actually using the worlds, Menkel-Meadow (1999) advocatesapplying the "Golden Rule", if possible, in conflict resolution. Levy (1999) states, however,that such will not always be the case. M. Levy (1999) actually uses more space in the article to discuss disputeresolution methods other than negotiation than he devotes to thenegotiation process. Of course,such generic disputes, if that is what they are, are settled bynegotiation. 66). The dounto others as you would have done unto you adage all but demands thatnegotiation be the approach applied in dispute resolution. Levy (1999) does state that one should select the conflict resolutionapproach that "provides the highest probability of a cost-effective andtimely resolution of the conflict with a minimum of disruption" (p. Menkel-Meadow (1999) suggests interestingly that contested points notbe reduced to monetary values. Then, one must play hard ball. The situations that Levy (1999) describers as "genericreal estate disputes", however, really are not, in most instances in reallife, conflict situations. Unless publiccondemnation action is involved, a prospective buyer is not required to buythe land at a price he or she does not what to pay, nor is the owner of theland required to sell at a price unacceptable to her or him. Unless one is planning onnever having contact with a disputant in the future, maintainingconstructive communication certainly is a desirable objective. According to Fernberg (1999) negotiation should be used inconflict resolution when one cannot get her or his way through persuasion.The article, however, does provide some good information about desirableobjectives of conflict resolution that may be interpreted to indicate thatnegotiation is a justified approach to apply in dispute resolution. Except when government is involved, people cannot be forcedto accept the other party's offer or to even consider such an offer. This approach likely justifies the use of negotiation insituations where values supercede money. Fernberg (1999) states flat out that negotiation should not be thefirst choice in conflict resolution strategies. If fact,the checklist-type procedures she recommends are so extensive that would benegotiators likely will be too exhausted to enter into the give and take ofnegotiations after completing the preparation process. The art and science of problem-solving negotiation. Rather,the objective is to ignore, to the extent possible, the loud and clearmessages in these three articles and focus on some of the passages that onecan interpret as justifications for using negotiation as the preferredapproach to conflict resolution. She also states clearly, however, that negotiation really is not a so-called "win-win" situation, and that negotiators must be prepared to cedesomething that they want to the opposing party in order to receivesomething in return. 65). She states that "If youcan gain agreement by persuasion, you should always do it" (Fernberg, 1999,p. If anamicable agreement can create a more productive atmosphere for thedevelopment of future value, then, again, a negotiated settlement likely ishighly preferable to settlement of a conflict through adversarialconfrontation. Unfortunately, the major focus of the authors ofthese three journal articles is on how to conduct successful negotiations,as opposed to why negotiation if preferable to hitting some over the headwith a baseball bat to settle disputes. factors making negotiation the preferred choice for conflict resolution This research reviews three journal articles dealing with negotiationand conflict resolution with the objective of gleaning from the articlesthe aggregate major points that make negotiation the preferred choice forconflict resolution. 1). 66). Fernberg (1999) observed that negotiation is a process that can"encourage constructive communication" (p. (1999, June). Nowhere in the article does he actually make adefinitive statement as to why negotiation is preferable to other methodsof resolving disputes. 9).One may infer that, negotiation frequently may be the approach to conflictresolution that provides such an outcome. ReferencesFernberg, P. Levy (1999) states that, in the real estate industry, the traditionalapproach to settling what he refers to as "generic real estate disputes" isnegotiation (p. Real Estate Issues, 1-9.Menkel-Meadow, C. That message, however, is not themessage that one is supposed to extract from these three articles. (1999, March). (1999, Fall). Levy (1999) actually quotes Clausewitz, thePrussian military strategist, to the effect that war is simply acontinuation of politics. Unlike, either levy(1999) or Fernberg (1999), however, Menkel-Meadow (1999) actually makessome clear statements in her article about the advantages of negotiationover adversarial confrontation as an approach to conflict resolution. M. Nevertheless, she advocates aproblem-solving approach to conflict resolution that relies on negotiation. Menkel-Meadow (1999) dwells mostly on the fine points of how toconduct negotiations and how to prepare to conduct negotiations. Menkel-Meadow(1999) states clearly in the article, however, that negotiation isinappropriate for the resolution of conflicts where one is unwilling tocede anything to the offending party. Shenegates this point to some extent, however, by stating that negotiation isnot appropriate for some issues. The reader of this article could be excused ifhe or she interpreted Levy's (1999) message to mean that negotiation issimply part of a conflict continuum that end when either you get your wayor you are subdued. The one aggregate point that stands out in these three articles isthat one should avoid negotiation unless one can get one's way throughanother approach to conflict resolution. Trial, 48, 51-57. It is possible to read between the lines in his text,however, and discern some justification for negotiating in lieu of otherapproaches to conflict resolution, whether or not Levy (1999) recognizessuch justifications. Whenissues other than "generic real estate issues" are involved, however, Levy(1999) recommends conflict resolution strategies other than negotiation. A disagreement over the price of a plot ofland, as an example, is just that - a disagreement.
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