Wednesday, March 16, 2011

Negotiating Feb. 17th, 2010

Chapter 3: Negotiation in Allan E. Barsky's book entitled, Conflict Resolution for the Helping Professions, gives insight and solutions to the problems associated with conflicts.  There are many different strategies, descriptions and uses of the theories associated with these strategies, and practical applications that negotiators could use for dispute resolutions.  The parts of the this chapter are very informative and useful in terms of training one's self to understand the complexities of conflicts.  The four approaches to negotiation; power, rights, interests, and transformation; are not new to me or the first time I have read about them in a text book.  Barsky uses the these terms to the extent it becomes remedial.  He allows for the reader to understand each approach, and how to use them to obtain a resolution. 

The problem I have found in this chapter is that certain rules and theories presented do not hold true across the board.  Instead, certain sections such as contracts, leaves a little doubt in my mind.  He should have stated that not verbal contracts can be considered contracts.  Barsky states, "An implied conttract exists where the parties do not explicitly say they are entering an agreement; however, an agreement can be inferred from the pattern of behaviors that existed between the parties." (67).  I have argued this to be true in the past, but have been corrected by the legal use of what an agreement is.  An offer to offer, is not always an offer, and if no offer is presented, then someone is not agreeing at all, thus no contract.  If someone was to shout "I am selling my car for $500" in a crowded room, this is an offer to offer.  The problem is that nobody has been designated as the receiving party of this message.  Therefore, an offer to offer is not an offer, and if someone else in that room yelled, "I accept," then there would still be no contract.  The terms and the people have to be set forth for this to occur.  Now I know I have strayed a bit from the point of this chapter, but negotiation can only begin when there are two parties involved. 

As for the theories of conflict management and the approaches used to negotiate, Barsky does a wonderful job at explaining it and making it understandable for the reader.  This chapter reinforces other negotiation discussions that I have been a part of throughout my academics at HPU.  Knowing the approaches used, and the best way to counteract them is the best way a negotiator can be successful in their endeavors involving conflict.

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