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

PreparationUnderstand the issues and the peopleEquip the team for the process

RelationshipDevelop a strategy for maintaining the relationship before, during and after the bargaining

CommunicationListen, ask open questions and, above all, build trust

Problem-solvingExplore 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 Who are the people/stakeholders?

What are the needs and issues of the other party?

What is the past bargaining history and impact on negotiations?

What are the claims/positions? 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 Skilled negotiators recognise professional

relationships are to be maintained, and respect is earned, through a focus on the problem not the personalities

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

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