Economic and Financial Instruments for IWRM
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Transcript Economic and Financial Instruments for IWRM
Conflict Resolution and Negotiation
Skills for Integrated Water Resources
Management
Module 3: Negotiation:
Effective Communication
Goal and objectives of the session
OBJECTIVES
To describe different methods of effective
communication.
to emphasize the role communication in conflict
resolution.
OUTCOMES
Knowledge of the important role of effective
communication in conflict resolution.
SKILLS
As a mediator/facilitator/negotiator, the
participant will have understanding of the ways of
effective communication in conflict management
and resolution.
Presentation Outline
1.
2.
3.
4.
Introduction (negotiation)
Effective communication during negotiation
Roles and responsibilities
Why we usually … eventually cooperate
A ‘dispute’
Divergent interests that are incompatible
and non-reconcilable.
May escalate into various forms of conflict.
But conflict can be positive even necessary.
From normal to pathological.
Dispute resolution is the management of
conflict.
Alternative Dispute Resolution emphasises
collective, win-win, participatory
approaches to dispute settlement.
Negotiation
Negotiation is the most common form of dispute
settlement
Adjudication Arbitration
Conciliation/fact finding
‘Good offices’/mediation
Negotiation consultation
Degree of formality
‘The Negotiator’
Effective communicator
•
Active listening
• Talking clearly and precisely
• Demonstrates understanding
• Clarity of perception
Techniques
• Reframes positions
• Uses open questions
• Separates the person from the problem
Conditions for Successful Negotiation
(in an ideal world…)
Willingness to negotiate between/among
identifiable parties
Interdependence
Readiness to negotiate
Parties have means of influence or
leverage
Parties have agreed on something in the
past
Conditions for Successful Negotiation
(in an ideal world…)
Will to settle
Unpredictability of consequences of nonnegotiation
Sense of urgency
No major psychological barriers
The issues must be negotiable
People involved must have authority to
decide
Negotiation Styles
Interest-based
• Collaborative
• Jointly meet each other’s needs and
satisfy mutual interests
• Identify interests before propose
solutions
• Search for a variety of solutions to
satisfy all interests
• Collectively select desired options
• Mutually generate agreement
Negotiation Styles
Positional (power-based or rights-based)
• Present your interests/solutions to
other parties
• Frame desirable solutions as falling
within an acceptable settlement range
Bargaining attitudes
Interest-based
Resources not limited
All interests addressed en route to acceptable
agreement
Focus on interests not positions
Search for objective or fair standards
View other negotiators as cooperative problem
solvers not opponents
Keep people and issues separate (respect
people, focus on interests)
Search for win-win solutions
Bargaining attitudes
Positional
• Resources limited
• Other negotiators are your opponent: be
hard on them
• My gain is your loss (zero-sum)
• Goal is to win as much as possible
• Concession is a sign of weakness
• The right solution is my solution
• Always be on the offensive
Benefits of Interest-Based Approaches
Focus on interests may help change
negative strategic climate
Participation of all relevant stakeholders
helps find sufficient ground on which to
build enough will to act
Satisfaction of all interests is recipe for
long term success
Positional bargaining promotes extreme
positions
Stages of negotiation
Evaluate and select a strategy to guide
problem solving
Make contact
Collect and analyze background information
Design a detailed plan for negotiation
Build trust and cooperation
Stages of negotiation
Open negotiations
Define issues and set agenda
Uncover hidden interests
Generate options for settlement
Assess options
Final bargaining
Steps to be taken
Identify substantive, procedural and
psychological interests that you expect to be
satisfied through negotiation.
Ask why and how questions regarding needs
that are important to you.
Speculate on the motives of other
negotiators.
Begin negotiations by educating each other
on interests.
Frame the problem as solvable through winwin approaches.
Steps to be taken
Identify the general criteria that must be
present in any acceptable settlement.
Generate multiple options.
Utilise integrative option generating
techniques.
Separate option generation from evaluation
process.
Work toward agreement.
Identify areas of agreement, restate them,
write them down.
With regard to water….
What is this particular dispute about?
Can it be dealt with on its own? Separated
from larger political and/or socio-economic
issues and settings?
How specific is the dispute? (‘access’)
Might ‘water’ be a proxy for something
else? Is dealing with this issue likely to lead
to log-rolling?
What is the temporal setting?
With regard to water….
Five things to keep in mind
Geography matters
Power matters
Sovereignty matters
Polity matters
Time matters
When a dispute arises
Persistent (access)
Intermittent (seasonal; once every 5-8
years)
Unexpected (by one party)
Unexpected (by all parties)
Hypothetical (what someone might do)
Roles and Responsibilities
Entrusted to act in best interest of group.
Entrusted with pursuit of specific group
goals.
Personal distance from the issue.
Roles: unequally
discourse
Government (gov)
business (com)
civil society (.org)
Multi-layered in transboundary issues
Unstated Communicators
Between ‘Equals’:
Permanent Secretary ---- Permanent Secretary
Minister --- Minister
Tech --- Tech
CBO --- CBO
But intercut with:
Age; Sex; Gender (masculine and effeminate
men), Race; Ethnicity, ‘style’ e.g. ‘the suit’
When a dispute arises:
What are the channels of communication?
Do parties to the dispute have access to each
other?
Is there an identifiable contact point?
MDC, anti-globalization movement, ’flower
power’
What is the institutional framework?
•Ombudsperson, ICJ, tribunal
Do parties know about these entities?
Facilitation and Mediation
Character of an effective mediator
• Ability to create trust.
• Ability to define issues at the heart of the
dispute.
• Patience, endurance, perseverance.
• Thoughtfulness, empathy, flexibility.
• Common sense, rationality.
• Others?
Facilitation and Mediation
Mediation is flexible, informal, confidential
and non-binding.
The mediator has no direct interest in the
conflict and its outcome.
The mediator has no power to render
decisions.
The mediator looks for alternatives based on
the facts and merits of the case.
Mediation styles and skills
Facilitative/passive
Intervening/active
Willing and able to call on expert
knowledge and/or use decision-support
tools
Meet with aggrieved parties jointly and
separately
Elicits ideas from both sides
Mediation styles and skills
The facilitator
• Assists in meeting design.
• Helps keep meeting on track.
• Clarifies and accepts communication from
parties to the negotiation.
• Accepts and acknowledges feelings.
• Frames a problem in a constructive way.
• Suggests procedures for achieving agreement.
• Summarizes and clarifies direction.
• Engages in consensus-testing at appropriate
points.
DO NOT…
Judge or criticize
Push your own ideas
Take procedural decisions without
consultation
Take up group’s time with lengthy
comments/commentary
When is mediation/facilitation likely to be
necessary?
Within the river basin?
Between states?
Within states?
Within national governments?
Why states cooperate on water resources
Resource Characteristics:
Shared biomes/ecosystems
live within the resource base
Water is essential
Why states cooperate on water resources
Characteristics of the Negotiation Setting:
Negotiators never lack water.
Sovereignty is a relative power balancer.
Limited actors.
Similar roles (e.g. technical experts,
Ministers).
Other actors watching (and available)
(e.g. more powerful).
States, IGOs, neighbours, civil society)
International law/precedent.
Other actors may mediate/arbitrate if
face-to-face fails .
Point-Source Disputes Resolved
Water is essential
Live within the resource base
Use profiles embedded in local
structures
Reasons for violent national disputes
Extreme power imbalances.
Stakeholders have different water conceptions.
All stakeholders don’t live within the resource
base.
Governance structures contradictory and
variable.
Many actors.
Divergent roles, capacities and skills of actors.
Myth of civil society – state interactions.
No obvious route to mediation.
Arbitration for negatively impacted parties.