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Formal Solutions to Conflict: Negotiation, Mediation, and Arbitration

3 February, 2016 - 11:01

In some cases, conflict becomes so extreme that the groups feel that they need to work together to reach a compromise. Several methods are used in these cases, including negotiation, mediation, and arbitration.

Negotiation is the process by which two or more parties formally work together to attempt to resolve a perceived divergence of interest in order to avoid or resolve social conflict (Thompson, Wang, & Gunia, 2010). The parties involved are often social groups, such as businesses or nations, although the groups may rely on one or a few representatives who actually do the negotiating. When negotiating, the parties who are in disagreement develop a set of communication structures in which they discuss their respective positions and attempt to develop a compromise agreement. To reach this agreement, each side makes a series of offers, followed by counteroffers from the other side, each time moving closer to a position that they can each agree on. Negotiation is successful if each of the parties finds that they have more to gain by remaining in the relationship or completing the transaction, even if they cannot get exactly what they want, than they would gain if they left the relationship entirely or continued the existing competitive state.

In some cases, negotiation is a type of fixed-sum process in which each individual wants to get as much as he or she can of the same good or commodity. For instance, in the sale of a property, if the seller wants the highest price possible, and the buyer wants the lowest price possible, the compromise will involve some sacrifice for each, or else it will not occur at all if the two parties cannot find a price on which they can agree. More often, the outcome of the negotiation is dependent upon the ability of the two parties to effectively communicate and to dispel negative misperceptions about the goals of the other party. When communication and trust are obtained in the situation, the parties may find that the situation is not completely fixed-sum but rather more integrative. The seller and buyer may be able to find an acceptable solution that is based on other aspects of the deal, such as the time that the deal is made or other costs and benefits involved. In fact, negotiators that maintain the assumption that the conflict is fixed-sum end up with lower individual and joint gain in comparison with negotiators who change their perceptions to be more integrative.

Negotiation works better when both sides have an open mind and do not commit themselves to positions. It has been argued that negotiation is most beneficial when you take a position and stick to it, no matter what, because if you begin to compromise at all, it will look like weakness or as if you do not really need all that you asked for. However, when negotiators do not allow any compromise, the negotiations are likely to break off without a solution.

Negotiation is often accompanied by conflict, including threats and harassment of the other party or parties. In general, individuals who are firm in their positions will achieve more positive outcomes as a result of negotiation, unless both sides are too firm and no compromise can be reached. However, positive and cooperative communication is an important factor in improving negotiation. Individuals who truthfully represent their needs and goals with the other party will produce better outcomes for both parties, in part because they become more aware of each other’s needs and are better able to empathize with them. Parties that are in negotiation should therefore be encouraged to communicate.

In some serious cases of disagreement, the parties involved in the negotiation decide that they must bring in outside help in the form of a “third” party, to help them reach an equitable solution or to prevent further conflict. The third party may be called upon by the parties who are in disagreement, their use may be required by laws, or in some cases a third party may rather spontaneously appear (such as when a friend or coworker steps in to help solve a dispute). The goal of the third party is to help those who are in conflict to reach agreement without embarrassment to either party. In general, third-party intervention works better if it is implemented before the conflict is too great. If the level of conflict is already high, the attempts to help may increase hostility, and the disputants may not consent to third-party intervention.

Mediation involves helping to create compromise by using third-party negotiation (Wall & Lynn, 1993). A mediator is a third party who is knowledgeable about the dispute and skilled at resolving conflict. During the mediation, the conflicting parties usually state the facts from their own perspective, which allows the mediator to determine each party’s interests and positions.

Mediators have a number of potential tactics that they can use, and they choose which ones seem best depending on the current state of affairs. These tactics include attempting to help the parties have more trust in each other, conferring with each of the parties separately, and helping them to accept the necessity of compromise. Through these tactics, the mediator may be able to reduce overt hostility and increase concern with understanding the others’ positions, which may lead to more integrative solutions. If necessary, the mediator may attempt to force the parties to make concessions, especially if there is little common ground to begin with. Mediation works best when both parties believe that a compromise is possible and think that third-party intervention can help reach it. Mediators who have experience and training make better mediators (Deutsch, 1994).

Finally, another option is arbitration, a type of third-party intervention that avoids negotiation as well as the necessity of any meetings between the parties in conflict. In the most common type of arbitration—binding arbitration—both sides agree ahead of time to abide by the decision of the third party (the arbitrator). They then independently submit their offers or desires along with their basis for their claims, and the arbitrator chooses between them. Whichever offer is chosen becomes the outcome, and there is no negotiation (Farber, 2005; Wolkinson & Ormiston, 2006). Arbitration is particularly useful when there is a single decision to be made under time constraints, whereas negotiation may be better if the parties have a long-term possibility for conflict and future discussion is necessary.

Key Takeaways

  • The social situation has an important influence on choices to cooperate or compete, and it is important to understand these influences.
  • Decisions about whether to cooperate or compete are also influenced by expectations about the likely behavior of others.
  • Communication has a number of benefits, each of which improves the likelihood of cooperation.
  • Negotiation, mediation, and arbitration can be used to help settle disputes.

Exercise and Critical Thinking

  1. Choose a real-world dispute among individuals or groups and analyze it using the principles we have considered in this chapter.

References

Axelrod, R. (2005). The success of tit-for-tat in computer tournaments. In M. H. Bazerman (Ed.), Negotiation, decision making and conflict management (Vol. 1–3, pp. 39–68). Northampton, MA: Edward Elgar Publishing.

Balliet, D. (2010). Communication and cooperation in social dilemmas: A meta-analytic review. Journal of Conflict Resolution, 54(1), 39–57.

Brewer, M. B., & Kramer, R. M. (1986). Choice behavior in social dilemmas: Effects of social identity, group size, and decision framing. Journal of Personality and Social Psychology, 50, 543–547.

De Cremer, D., & Van Vugt, M. (1999). Social identification effects in social dilemmas: A transformation of motives. European Journal of Social Psychology, 29(7), 871–893.

Deutsch, M. (1949). An experimental study of the effects of cooperation and competition upon group processes. Human Relations, 2, 199–231.

Deutsch, M. (1994).Constuctive conflict resolution: Principles, traning,and research. Journal of Social Issues, 1, 13–32.

Farber, H. S. (2005). Splitting-the-difference in interest arbitration. Northampton, MA: Edward Elgar Publishing.

Fischer, I., & Suleiman, R. (2004). The emergence of tit-for-tat strategies. In R. Suleiman, D. V. Budescu, I. Fischer, & D. M. Messick (Eds.), Contemporary psychological research on social dilemmas (pp. 209–224). New York, NY: Cambridge University Press.

Gockel, C., Kerr, N. L., Seok, D.-H., & Harris, D. W. (2008). Indispensability and group identification as sources of task motivation. Journal of Experimental Social Psychology, 44(5), 1316–1321.

Jorgenson, D. O., & Papciak, A. S. (1981). The effects of communication, resource feedback, and identifiability on behavior in a simulated commons. Journal of Experimental Social Psychology, 17, 373–385.

Karau, S. J., & Williams, K. D. (1993). Social loafing: A meta-analytic review and theoretical integration. Journal of Personality and Social Psychology, 65(4), 681–706.

Kelley, H. H., & Stahelski, A. J. (1970). Social interaction basis of cooperators’ and competitors’ beliefs about others. Journal of Personality and Social Psychology, 16, 66–91.

Kelley, H. H., Condry, J. C., Jr., Dahlke, A. E., & Hill, A. H. (1965). Collective behavior in a simulated panic situation. Journal of Experimental Social Psychology, 1, 19–54.

Kerr, N. (1989). Illusions of efficacy: The effects of group size on perceived efficacy in social dilemmas. Journal of Experimental Social Psychology, 25, 287–313.

Kerr, N. L., & Bruun, S. E. (1983). Dispensability of member effort and group motivation losses: Free-rider effects. Journal of Personality and Social Psychology, 44(1), 78–94.

Kerr, N. L., & Kaufman-Gilliland, C. M. (1994). Communication, commitment, and cooperation in social dilemma. Journal of Personality and Social Psychology, 66(3), 513–529.

Kerr, N. L., Garst, J., Lewandowski, D. A., & Harris, S. E. (1997). That still, small voice: Commitment to cooperate as an internalized versus a social norm. Personality and Social Psychology Bulletin, 23(12), 1300–1311.

Komorita, S. S., & Parks, C. D. (1994). Social dilemmas. Dubuque, IA: Brown & Benchmark.

Liebrand, W. B. (1984). The effect of social motives, communication and group size on behaviour in an N-person multi-stage mixed-motive game. European Journal of Social Psychology, 14(3), 239–264.

Maki, J. E., Thorngate, W. B., & McClintock, C. G. (1979). Prediction and perception of social motives. Journal of Personality and Social Psychology, 37(2), 203–220.

McClintock, C. G., Stech, F. J., & Keil, L. J. (1983). The influence of communication on bargaining. In P. B. Paulus (Ed.), Basic group processes (pp. 205–233). New York, NY: Springer-Verlag.

Messick, D. M., & Brewer, M. B. (1983). Solving social dilemmas: A review. In L. Wheeler & P. Shaver (Eds.), Review of personality and social psychology (Vol. 4, pp. 11–44). Beverly Hills, CA: Sage.

Messick, D. M., & McClelland, C. L. (1983). Social traps and temporal traps. Personality and Social Psychology Bulletin, 9, 105–110.

Oskamp, S., & Schultz, P. W. (2006). Using psychological science to achieve ecological sustainability. In S. I. Donaldson, D. E. Berger, & K. Pezdek (Eds.), Applied psychology: New frontiers and rewarding careers (pp. 81–106). Mahwah, NJ: Lawrence Erlbaum.

Ouwerkerk, J. W., Kerr, N. L., Gallucci, M., & Van Lange, P. A. M. (2005). Avoiding the social death penalty: Ostracism and cooperation in social dilemmas. In K. D. Williams, J. P. Forgas, & W. von Hippel (Eds.), The social outcast: Ostracism, social exclusion, rejection, and bullying (pp. 321–332). New York, NY: Psychology Press.

Pruitt, D. G. (1998). Social conflict. In D. T. Gilbert, S. T. Fiske, & G. Lindzey (Eds.),The handbook of social psychology (4th ed., Vol. 1 and 2, pp. 470–503). New York, NY: McGraw-Hill.

Samuelson, C. D., Messick, D. M., Rutte, C. G., & Wilke, H. (1984). Individual and structural solutions to resource dilemmas in two cultures. Journal of Personality and Social Psychology, 47(1), 94–104.

Sattler, D. N., & Kerr, N. L. (1991). Might versus morality explored: Motivational and cognitive bases for social motives. Journal of Personality and Social Psychology, 60(5), 756–765.

Sheldon, K. M. (1999). Learning the lessons of tit-for-tat: Even competitors can get the message. Journal of Personality and Social Psychology, 77(6), 1245–1253.

Siero, F. W., Bakker, A. B., Dekker, G. B., & van den Burg, M. T. C. (1996). Changing organizational energy consumption behaviour through comparative feedback. Journal of Environmental Psychology, 16(3), 235–246.

Thompson, L. L. (1991). Information exchange in negotiation. Journal of Experimental Social Psychology, 27, 161–179.

Thompson, L. L., Wang, J., & Gunia, B. C. (2010). Negotiation. Annual Review of Psychology, 61, 491–515.

Thompson, L., & Hrebec, D. (1996). Lose-lose agreements in interdependent decision making. Psychological Bulletin, 120(3), 396–409.

Tyler, T., & Lind, E. (1992). A relational model of authority in groups. Advances in Experimental Social Psychology, 25, 115–191.

Van Lange, P. A. M., & Visser, K. (1999). Locomotion in social dilemmas: How people adapt to cooperative, tit-for-tat, and noncooperative partners. Journal of Personality and Social Psychology, 77(4), 762–773. doi: 10.1037/0022–3514.77.4.762

Wall, J. A., & Lynn, A. (1993). Mediation: A current review. Journal of Conflict Resolution, 37(1), 160–194.

Wolkinson, B. W., & Ormiston, R. (2006). The arbitration of work and family conflicts. In M. Pitt-Catsouphes, E. E. Kossek, & S. Sweet (Eds.),The work and family handbook: Multi-disciplinary perspectives, methods, and approaches (pp. 685–703). Mahwah, NJ: Lawrence Erlbaum.