Negotiation is a process in which two or more entities come together to discuss common and conflicting interests in order to reach an agreement of mutual benefit.
There are 5 approaches you can take in a negotiation: Avoid or Delay, Acceptance, Hard Bargaining, Compromise, and Collaboration.
In an interest-based negotiation, we want to use the best approach for both parties, that is the usually the use of Collaboration or the Win/Win solution. Interest-based negotiation is one that is based on our wants, fears, concerns, expectations and needs and where you take into account the interests of the other party to come to a mutually beneficial solution.
Interest-based negotiation doesn't apply to every situation.
In fact, negotiation doesn't even apply to every conflict-based situation.
What if you got rear-ended by someone and it resulted in major damage to your car? Would you try to negotiate with the other person in this case? The best approach in that case may be to just sue them for damages. Why would you negotiate with a person who defrauded you or stole from you?
There are other processes to consider in trying to reach a solution between two parties besides negotiation. You can try any or all of the following solution resolutions.
Litigation - as mentioned, suing someone may be the best approach sometimes. Getting the courts and lawyers involved may be your best solution to resolve a conflict between two or more people. The law is there to help you and others follow the rules.
Arbitration - having an arbitrator decide the final outcome between the parties, such as in a grievance or harassment case, could be a better approach than using negotiation. Major companies sometimes use arbitration, particularly with unions.
Mediation - having an mediator or neutral third-party person can help the parties come to a mutual agreement. A mediator is a skilled professional and can definitely help see beyond the issues that may be too close to the parties involved. Mediation is a valuable alternative to litigation in many situations.
Conciliation - using conciliation can be necessary especially whereby a vested third-party can help the two parties come to an agreement, such as when your manager hears both sides of the issues at work and helps resolve the dispute with both parties agreeing. Conciliation is also very common with companies who have unions.
Change - leaving the situation can result in the conflict between two parties being resolved, particularly if there is no other solution. Sometimes you just have to leave the conflict and change your circumstances in order to move on with your life. No one likes conflict and if you are not able to resolve it using any other approach, this may be your last option.
If negotiation doesn't appear to be the correct approach based on your circumstances, using any of the other solution resolution techniques may help you.