Transcript Slide 1

Productive bargaining
for advocates
This training module focuses on the behaviour of parties in bargaining and builds on
four principles supported by the web resource. You may adapt this for your own
purposes building in exercises or additional information as required.
It may also be used in conjunction with the module on Bargaining and the
Employment Relations Act 2000 available through this website.
4 principles of successful
bargaining
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Preparation
Understand the issues and the people
Equip the team for the process
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Relationship
Develop a strategy for maintaining the relationship
before, during and after the bargaining
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Communication
Listen, ask open questions and, above all, build trust
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Problem-solving
Explore options and strategies for reaching agreement
Building on good faith
bargaining
Good faith underpins collective bargaining and helps to
build productive employment relationships
Factors contributing to productive bargaining are
 Sharing relevant information
 Focusing on issues not personalities
 Focusing on the present and future, not the past
 Seeking out the interests underlying the issues
 Recognising the other party’s interest
 Creating options and evaluating them objectively
Preparation with your team
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Who are the people/stakeholders?
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What are the needs and issues of the other party?
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What is the past bargaining history and impact on
negotiations?
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What are the claims/positions?
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reasons, cost, and priorities
counter arguments
What are the interests that underlie the positions?
(safety may underlie the claim for a rest break)
Focusing on the relationship
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Skilled negotiators recognise professional
relationships are to be maintained, and
respect is earned, through a focus on the
problem not the personalities
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Parties recognise that points of difference
are to be understood and respected; and
common interests are to be sought out as
opportunities for agreement
Building open communication
Active listening supports problem resolution
 Keep quiet so others can speak
 Use body language that shows you are listening
 As clarifying questions to confirm you have heard
Open questions create understanding
 Clarifying questions (how many people…?)
 Probing questions (what criteria do you use…?)
Taking a problem-solving
approach
Fix problems early
 Talk about it, take a break, brainstorm ideas
A model for complex problems
 Gather information
 Explore the problem
 Identify the issues
 Generate options and evaluate them
 Choose solution/s and check them
Mediation assistance
0800 20 90 20
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Mediators can assist to
 Unravel difficult issues
 Develop options
 Bring parties back to bargaining
You can ask for a mediator
 When there is a breakdown/impass in bargaining
 Industrial action is pending
 For conflict at ratification
 To facilitate a de-briefing of the bargaining
process