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Essay / Negotiation Strategies in Business - 2521
Negotiation plays a vital role in creating national and international policies. In general terms, it is defined as a joint decision-making process in which initially incompatible parties reach an agreement through the exchange of concessions and problem-solving. This normally includes both dialogue with discussion of merits and negotiation with the use of competitive tactics such as promises or threats (Lang, 1996). The use of negotiation is part of a trend towards alternative dispute resolution (Fiorino, 1988). Controversies addressed through negotiation and rulemaking seek to resolve disputes and reach resolutions with broad applicability. Regulatory negotiation is a legislative process used for policy development. This specific type of negotiation, used in rulemaking, serves to resolve problems and create rules that will influence subsequent behaviors (Fiorino, 1988). It is “the process of policy formulation that brings together representatives of affected interests to reach consensus on the content and sometimes the language of a regulatory proposal” (Fiorino, 1988). This method of negotiation is used to resolve controversies through “consultation, mediation, and negotiation rather than through litigation or other forms of institutional confrontation” (Fiorino, 1988). Negotiation and regulatory negotiation techniques are necessary to resolve conflict and create new policy. The first step in resolving a problem or conflict is developing a negotiation strategy. It is important to recognize that each conflict or situation is unique. Effective negotiation can only exist if we analyze “where things stand in the conflict and what explains its insoluble nature” (Crocker, 2004). F...... middle of paper......no, 1988). Decisions made by the Committee will generally be published, provided they are consistent with the statutory authority of the Agency. Finally, the committee will take control of the “mode of operation, composition, use of resources and methods of dissolution” once it has developed its own protocol (Fiorino, 1988). Negotiation and rule-making can play different roles depending on the method used. Administrative agencies make decisions based on the opinions of outside parties under conventional rule-making methods. The use of negotiation in rulemaking makes the administrative agency equal to the external parties involved in the process. Negotiation can be beneficial to the creation of regulations. It allows the opinions of participants to be taken into account and places greater value on the group rather than the interests of the individual when developing policy..