Module 1 – Case
INTRODUCTION TO NEGOTIATION AND BARGAINING I
Prepare! Prepare! Prepare!
Our module has focused on the preparation phase, leading to negotiations. Within these preparations, an important part, nay, crucial part, is identifying the interests and deciding on the positions to be taken.
The background material page, and the supplementary articles, provided to you, have all emphasized this issue.
The following article sheds a light on the general aspects of negotiations, looks into interest based negotiations, and then presents a case study.
Leventhal, L. (2006). Implementing Interest-Based Negotiation: Conditions for Success with Evidence from Kaiser Permanente. Dispute Resolution Journal. New York: Aug-Oct 2006. Vol. 61, Iss. 3; p. 50.
This article explores the theory behind interest-based negotiation and its application to the labor-management relationship. It examines the critical factors for the successful implementation of interest-based negotiation, and then looks at whether these factors are present at Kaiser Permanente. Interest-based negotiation is also called “interest-based bargaining” and “mutual gains bargaining.” The process focuses “on understanding and building on interests” and uses “problem-solving tools” to avoid “positional conflicts and achieve better outcomes.” Collective bargaining negotiations can involve a wide spectrum of issues, including wages, hours, job security, safety, health, employee benefits and work design. To use interest-based bargaining successfully, certain conditions should be present. Most important is a respectful working relationship between labor and management. An essential condition is an agreement to engage in interest-based bargaining. The following are conditions supporting interest-based negotiations:
1. identifying interests and positions,
2. relationship building,
3. positive working relationships,
4. internal coalition-building,
5. training in interest-based negotiations, and
6. changing the corporate culture.
After carefully reading through the article, please answer (in about 3 full text pages), the following question:
1. What are the respective interests of the two sides in the Kaiser Permanente conflict?
2. Explain, why it is an interest, and not a position.
3. Identify and discuss the possible Entering and Leaving points within the negotiation range, as they pertain to the two sides in this conflict.
1. Please do NOT summarize the article (no need to point out how many people work at KP), but focus on the case question(s)!
2. Present the interests, positions, EPs, and LPs one be one, define them, and explain each one.
3. If you feel that the article does not provide you with all the details, you can make personal assumptions, to complete the picture.
Module 1 – SLP
INTRODUCTION TO NEGOTIATION AND BARGAINING I
SLP Assignment Expectations
· The intent of the SLP is for you to apply the theoretical and general aspects covered in each module, to real-life and practical cases. You should clearly connect your SLP to the theoretical concepts covered in each module and cite the relevant sources from the background readings.
· Conflict is an integral part of our lives, and we encounter it in every aspect of our personal and professional activities.
· Surely, you have observed (or even participated in) some form of conflict at your workplace, be it a simple but heated interpersonal matter, or a full-scale organizational dispute.
· The SLP will always have three short parts you will need to address in EACH module, as described below.
· Focus should be put on sections II + III.
· As each module deals with a different topic, you can choose on describing and analyzing the same conflict in all modules, or widening your scope and describing different incidents.
· Your paper should cite the background readings as well as other peer-reviewed articles and reliable web sites. Please consult the following for additional information on how to recognize peer-reviewed journals: http://www.angelo.edu/services/library/handouts/peerrev.php. For additional information on reliability of web sources review the following document: https://www.edb.utexas.edu/petrosino/Legacy_Cycle/mf_jm/Challenge%201/website%20reliable.pdf
Part I – Background and Settings (in about ½ a page)
· The Organization – Without revealing proprietary information, describe the organization of your choice (It should be one that you are familiar with, so preferably it would be easier, if it would be your own).
· The Conflict – Describe the workplace conflict issue you have chosen to write about.
o What is the underlying problem or difference?
o Who are the parties or sides in this conflict?
· Choose a Side – Choose one of the parties or sides in the conflict and let me know of your choice.
Part II – How was it Negotiated? (in about 1 full page)
· Describe “your chosen” side’s decisions and/or behaviors and/or actions to the following:
o What was the negotiation range?
o What were the Entering and Leaving points, of your party?
o How did your side prepare for the negotiations?
o What were the interests defined by your side?
Part III – What Would You Have Done? (in about 1 full page)
· Assuming you are the principal representative for your “chosen side”:
o What would YOU have done in this case to solve the issue?
o What decisions would YOU have taken?