Negotiation
There comes a point, often after a stalemate is reached, where the parties decide to try negotiation to attempt to resolve the conflict. The process of initiating negotiation can be difficult as it may be interpreted as a sign of weakness. This is one reason why it is often useful for third parties to become involved. [1]
The timing of this step is crucial.[2] Resolution can only be achieved if the parties are willing to negotiation. In order for the conditions to be ripe, there must be both a perception on all sides that the present course is unsustainable, and a perception that there is a suitable "way out"[3] of the conflict. In some instances, participants realize their course of action cannot succeed and they initiate discussion. At other times, outside interveners may bring the parties to the negotiating table. The timing is critical however, because if negotiation is started too early, before both parties are ready, it is likely to fail. And repeated failed negotiation efforts reinforce the notion that the conflict is intractable and can make resolution more difficult by discouraging further efforts.[4]
Negotiation may lead to a settlement, but may also simply lead to a pause in the conflict. If the latter, there is a relatively good chance the conflict may cycle back to escalation at a later time.
Negotiations generally go through a series of stages: each group decides on its position; determines its alternatives (see BATNA), spokesperson(s), and its agenda. Once together with the other party, they share their positions, consider options, exchange concessions, perhaps reach an accord, and implement it.[5]
A number of theories have emerged to understand negotiating tactics, their strengths and weaknesses, as well as how to respond to them.[6] Generally speaking, negotiations are complex, drawn-out processes and a broad range of factors make each somewhat unique. Their shape depends upon the procedures that have become institutionalized, the number of parties and number of representatives present, the scope of issues under discussion, the degree to which it is part of a broader framework of negotiations, and the extent to which they are taking place in the public eye.[7]
[1] Jeffrey Rubin, Dean Pruitt, and Sung Hee Kim, Social Conflict: Escalation, Stalemate, and Settlement, 2nd edition. (New York: McGraw-Hill, Inc., 1994), 196-223.
[2] I. William Zartman, "Ripeness: The Hurting Stalemate and Beyond," in International Conflict Resolution after the Cold War eds., Paul Stern and Daniel Druckman. (Washington: National Academy Press, 2000).
[3] William Zartman's term. See his essay on Ripeness in this Knowledge Base.
[4] Louis Kriesberg, "Nature, Dynamics, and Phases of Intractability," Draft.
[5] P.H. Gulliver, Disputes and Negotiations: A Cross-Cultural Perspective (New York: Academic, 1979); Louis Kriesberg, Constructive Conflicts: From Escalation to Settlement. (New York: Rowman and Littlefield, 1998), 291-5.
[6] Louis Kriesberg, Constructive Conflicts: From Escalation to Settlement. (New York: Rowman and Littlefield, 1998), 278-87.
[7] Louis Kriesberg, Constructive Conflicts: From Escalation to Settlement. (New York: Rowman and Littlefield, 1998), 287-291.
Use the following to cite this article:
Brahm, Eric. "Negotiation Stage." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: October 2003 <http://www.beyondintractability.org/essay/negotiation_stage/>.
Sources of Additional, In-depth Information on this Topic
Additional Explanations of the Underlying Concepts:
Online (Web) Sources
Consensus-Building Stages.
Available at: http://www.resolv.org/articles/stages.htm.
This article describes the basic stages of consensus building: pre-negotiation, negotiation, and implementation.
Nupen, Charles, David Bloomfield and Peter Harris. Democracy and Deep-Rooted Conflict: Negotiation Processes. Institute for Democracy and Electoral Assistance (IDEA).
Available at: Click here for more info.
This page offers access to the entire third chapter of the International Institute for Democracy and Electoral Assistance's online book "Democracy and Deep-Rooted Conflict". This chapter deals extensively with the negotiation phase of dealing with protracted conflict, outlining various considerations and techniques for carrying out the process.
Harris, Peter and Benjamin Reilly. Democracy and Deep Rooted Conflict: 3.5 &3.6 - Basic Techniques for Negotiation & Tools to Break Deadlock. IDEA.
Available at: Click here for more info.
This page provides a few negotiation tips.
Identifying Ripe Times for Negotiation.
Available at: http://www.colorado.edu/conflict/peace/treatment/idripe.htm.
The possibility of successfully negotiating an agreement can be greatly increased when the parties understand how to determine when the time is "ripe" for negotiated settlement and how to encourage the "ripening" process.
"Negotiations and Resolving Conflicts: An Overview." ,
Available at: http://web.cba.neu.edu/~ewertheim/interper/negot3.htm.
This web page offers a well-organized and fairly comprehensive overview of two primary negotiation strategies, integrated and distributive. It covers the key aspects of both approaches, provides information about creating and claiming value, and gives general advice about how to proceed in negotiation situations.
Harris, Peter and Benjamin Reilly. Pre-Negotiation & Developing a Specific Negotiation Process. IDEA.
Available at: Click here for more info.
These are chapters from the International Institute for Democracy and Electoral Assistance's online book, "Democracy and Deep-Rooted Conflict". These chapters discusses procedures that may be used in the pre-negotiation and negotiation phases of conflict management and resolution.
Conflict Research Consortium Staff and CR Staff. "The Negotiation Process: Theories and Applications - Book Summary." University of Colorado: Conflict Research Consortium, 1900.
Available at: http://www.beyondintractability.org/booksummary/10633/.
This is a summary of The Negotiation Process, edited by I. William Zartman. The essays included in this book present various theoretic models of the negotiation process, and apply those models to particular case studies.
Offline (Print) Sources
Zartman, William I. "Conflict Resolution--review essay." Washington, D.C., Journal of Conflict Studies, 1995.
The end of the Cold War has ushered in an era where regional conflicts increasingly take center stage. These conflicts, all of which have both historic and contemporary roots, are the subject of scholarly and policy maker's attention. The two volumes edited by I. William Zartman focus on this phenomenon, with special attention to the processes of negotiation and the dynamics of conflict resolution among the contending parties." -Karen Mingst, reviewer
Gulliver, P. H. Disputes and Negotiations: A Cross-Cultural Perspective. New York: Academic, 1979.
Fisher, Roger, William L. Ury and Bruce Patton. Getting to Yes: Negotiating Agreement Without Giving In, 2nd Edition . Boston: Houghton Mifflin Co., April 1992.
This is an updated version of Roger Fisher's and William Ury's classic 1981 text, Getting to Yes: Negotiating Agreement Without Giving In. In this bestseller, Fisher, Ury, and Patton describe what they call "principled negotiation", which is basically interest-based bargaining with a few extra twists. Key ideas include: 1) separate the people from the problem; 2) negotiate interests, not positions; 3) look for mutually beneficial options; and 4) use objective criteria. This work is considered essential foundational reading for anyone interested in negotiation. Click here for more info.
Kriesberg, Louis. "Nature, Dynamics, and Phases of Intractability." In Grasping the Nettle: Analyzing Cases of Intractable Conflict. Edited by Dosi, Giovanni, ed. Washington D.C. : U.S. Institute of Peace, April 30, 2005.
The chapter reviews factors that contribute to intractibility at each stage of a conflict. In addition, it discusses steps that may be taken to reduce the sense of intractibility.
Watkins, Michael. "Negotiating in a Complex World." 15:3, 1999.
The author argues that negotiations are innately complex and many of the current models are overly simple and therefore inadequate and unhelpful to practitioners. He goes on to propose ten key elements that describe how to effectively deal with the complexity of negotiation. Click here for more info.
Negotiation Theory and Practice. Cambridge, MA: Program on Negotiation Books, January 1, 1991.
This collection of essays is a resource text for students of negotiation, either professional or lay. It will be of interest to those who seek a better understanding of the theory and practice of negotiation. This work is divided into nine topic sections. Each section addresses its topic via a set of edited articles from notable authors in the field. Click here for more info.
Lewicki, Roy J., David Saunders and John Minton. Negotiation, 3rd Edition. Burr Ridge, IL: Irwin-McGraw Hill, 1999.
This is a comprehensive textbook on the conflict resolution process of negotiation. It covers a multitude of aspects of negotiation including fundamentals such as negotiation's different forms and the associated tactics. It discusses various subprocesses of negotiation and different contexts in which negotiation may occur. Lastly, it includes a chapter on how to deal with particularly difficult negotiations. Click here for more info.
Zartman, I. William. "Ripeness: The Hurting Stalemate and Beyond." In International Conflict Resolution after the Cold War. Edited by Stern, Paul C. and Daniel Druckman, eds. Washington, D.C.: National Academy Press, September 2000.
Zartman lays out his basic concept of ripeness and the hurting stalemate in this book chapter.
Kriesberg, Louis. "Settling Conflicts." In Constructive Conflicts: From Escalation to Resolution, 2nd Edition. New York: Rowman and Littlefield, November 2002. Pages: 254-302.
This chapter explores the pathways by which settlements are reached, negotiating strategies along the way, and the forms negotiations may take.
Pruitt, Dean G., Jeffrey Z. Rubin and Sung Hee Kim. "The Intervention of Third Parties: Mediation." In Social Conflict: Escalation, Stalemate, and Settlement, 2nd Edition. New York: McGraw Hill College Division, January 1, 1994. Pages: 196-223.
This chapter explores the role of third parties in bringing about an end to conflict. It delineates what third parties are, discusses the varied roles they may take in negotiations, how they can effectively mediate, the limitations of intervention, and the evolution of intervention. Click here for more info.
Zartman, I. William and Maureen Berman. The Practical Negotiator . New Haven: Yale University Press, August 1983.
The Practical Negotiator draws upon both theory and practice to present a model of the negotiation process. This text focuses primarily upon international negotiations. Click here for more info.
Saunders, Harold. "We Need a Larger Theory of Negotiation: The Importance of Pre-negotiating Phases." In Negotiation Theory and Practice. Edited by Rubin, Jeffrey Z. and J. William Breslin, eds. Cambridge, Massachusetts: Program on Negotiation Books, 1991.
In many cases, persuading parties to commit to the process of negotiation is even more difficult than reaching agreement once negotiations have begun. This chapter discusses the importance of the pre-negotiation phase, in which parties define the problem to be solved and plan for negotiations.
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Examples Illustrating this Topic:
Online (Web) Sources
Stavenhagen, Rodolfo. A Game of Musical Chairs? Peace and Conflict in Chiapas. Conflict Early Warning Systems (CEWS).
Available at: http://www.usc.edu/dept/LAS/ir/cews/database/Chiapas/chiapas.pdf.
This essay gives a narrative account of the Chiapas conflict. It gives detailed historical background information, as well as specifics about how the conflict escalated and how negotiations for peace began and then stalled.
"Chronology of War and Peace in the Philippines." Conflict Early Warning Systems (CEWS), 1900.
Available at: http://www.usc.edu/dept/LAS/ir/cews/database/Moros/moros.pdf.
This article examines peace negotiations, coup attempts, and cease-fires that took place in the Philippines between 1945 and 1998. It also looks at the beginnings of Islam in the Philippines, and the rise of militant Islamic groups.
Indurthy, Rathnam. "Kashmir Between India and Pakistan: An Intractable Conflict, 1947 to Present." , 2003
Available at: Click here for more info.
This case study describes the different stages of the Kashmir conflict from emergence, to stalemate, to failed peace, to escalation.
"Politics of Compromise: The Tajikistan Peace Process." Accord, Vol. 10 , March 2001
Available at: http://www.c-r.org/our-work/accord/tajikistan/index.php.
This issue of the journal Accord focuses on the Tajik conflict. It examines the underlying issues of the inter-ethnic conflict, the fast paced escalation of the conflict, the negotiation stage that resulted in a settlement, and the peacebuilding phase. This issue also highlights the parties associated with the conflict, as well as the compromises they made in order to reach a successful agreement.
Padilla, Luis Alberto. "Prevention Successes and Failures: Peace-making and Conflict Transformation in Guatemala." Conflict Early Warning Systems (CEWS), 1900.
Available at: Click here for more info.
This essay examines the root causes of the conflict in Guatemala, and details the subsequent peace process. It focuses on the structure and components of the peace negotiation.
Yevsyukova, Mariya. "Theory, Practice, Success, and Failure: A Journey of Learning in Cyprus --Summary." University of Colorado Conflict Research Consortium, University of Colorado Conflict Research Consortium.
Available at: http://www.beyondintractability.org/articlesummary/10421/.
This page is a summary of James Notters' article, Theory, Practice, Success, and Failure: A Journey of Learning in Cyprus.
Notter discusses the Greek and Turkish Cypriots that has kept the countries in conflict with each other for a long period of time. Eventually the island was divided; peacekeeping forces have been standing between the two communities since 1964. For 30 years there have been negotiations occurring on official (UN) as well as unofficial levels (with help from John Burton and Leonard Doob), but not much has been accomplished.
Offline (Print) Sources
The Negotiation Process: Theories and Applications. Beverly Hills, CA: Sage Publications, August 1978.
The Negotiation Process explores different approaches to negotiation theory. The essays present various theoretic models of the negotiation process, and apply those models to particular case studies Click here for more info.
Watkins, Michael, Susan Rosegrant and Shimon Peres. Breakthrough International Negotiation: How Great Negotiators Transformed the World's Toughest Post-Cold War Conflicts. San Francisco: Jossey-Bass Publishers, 2001.
This work offers step-by-step descriptions of the key negotiations that led to the resolution of some of the most serious conflicts since the Cold War. The authors provide stories about negotiations in the Middle East, Bosnia, and North Korea. Discussion of relevant negotiation theory is combined with the first-hand accounts of individuals that played important roles in the negotiations described. Click here for more info.
Cohen, Raymond. Negotiating Across Cultures: International Communication in an Interdependent World, Revised Edition. Washington, DC : USIP Press, December 1, 1997.
"Cohen demonstrates the dissonance that cultural differences can create in each stage of international negotiations. He provides examples of miscommunication and misunderstanding between the United States (a low-context culture) and Mexico, Egypt, India, and Japan, all of which he labels high-context cultures."
--from Peace & Change
Druckman, Daniel. "Negotiating in the International Context." In Peacemaking in International Conflict: Methods and Techniques. Edited by Zartman, I. William and J. Lewis Rasmussen, eds. Herndon, VA: USIP Press, 1997.
This chapter examines various perspectives on international negotiation, including; negotiation as puzzle solving, as a bargaining game, as organizational management, and negotiation as diplomatic politics. In addition to considering these perspectives on negotiation, the author explores general patterns that characterize many types of negotiations. This task is pursued through a survey of the literature on negotiating in the international context.
Notter, James. "Theory, Practice, Success, and Failure: A Journey of Learning in Cyprus." ICAR Newsletter 6:2, 1994.
Notter discusses the Greek and Turkish Cypriots that has kept the countries in conflict with each other for a long period of time. Eventually the island was divided; peacekeeping forces have been standing between the two communities since 1964. For 30 years there have been negotiations occurring on official (UN) as well as unofficial levels (with help from John Burton and Leonard Doob), but not much has been accomplished.
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Audiovisual Materials on this Topic:
Online (Web) Sources
The Mideast: A Century of ConflictPart 5: From the 1973 Yom Kippur War to Peace with Egypt. NPR. October 4, 2002.
Available at: http://www.npr.org/news/specials/mideast/history/history5.html.
Egypt and Syria attacked Israel in October 1973 to win back their lost territories. The surprise of the attack, and the strength of the Arab assault, led the international community to reassess the stability of the Middle East. Israel recovered militarily, but its leaders understood they needed to enter negotiations with the Arabs. This began the era of shuttle diplomacy and a succession of peace processes.
Offline (Print) Sources
The Deadline. Directed and/or Produced by: Jammy, David. First Run Icarus Films. 1996.
Filmed in the closing stages of the writing of South Africa's new constitution, The Deadline provides a unique and intimate look at the realpolitik of South Africa's negotiated settlement. Click here for more info.
War and Peace in Ireland . Directed and/or Produced by: MacCaig, Arthur. First Run Icarus Films. 1998.
This film follows the conflict in Northern Ireland through its different stages. It gives a picture of how violence escalated during the 1960s, how negotiations helped ease the violence in the 1980s, and how cease fires in the 1990s brought with them the prospect of peace. Click here for more info.
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