Conflict and Negotiation

Subject : Organization Bahavior Class: MBA 3(B)Topic: Conflict and Negotiation

Submitted by Ikramullah Enrolment: 01-120111-023Submitted to Sir zafarullah siddique Date: 3/12/2012 Avoiding and Mitigating Delay and Disruption Claims Conflict: Role of Pre contract Negotiation

Literature review:

According to Ajibade Ayodeji Aibinu(2008) Fundamental problem with delay and disruption claims is that they involve a high degree of cognitive conflict and strong underlying conflicts of interest. Cognitive conflict occurs when people interpret data relating to issues of facts differently. Cognitive conflicts arise from inadequate information, misinformation, different views on what is relevant, and differences in the approach and procedures used to assess claims and conflict _Moore 2003_. When parties use different information and assumptions to assess claims, or interpret information differently, they arrive at different results. This is typical of delay and disruption claimsWhere poor record keeping has been identified as a major source of the problem _Vidogah and Ndekugri 1998_. Further, delay claims involve a strong underlying conflict of interest. Conflict of interest occurs where the respective interests of the parties are perfectly opposed and divergent because a particular decision may maximize the outcome and favor the interest of one of the parties while reducing the outcome for the other party _Tibet and Walker 1978_. For instance, a decision of the contract administrator validating a contractors claims for delay could entitle the contractor to an extension of project completion time. It may also lead to payment of additional money by the owner to the contractor _depending on the contract agreement_. The effect is that the project will be completed late and at an additional cost to the owner. However, a decision invalidating the contractors claims for delay would imply that the contractor has to accelerate the progress of works at its own expenses. Should the project be completed beyond the agreed contract completion time, the contractor would be liable to payment of liquidated damages to the owner. This may reduce the contractors profit margin on the project. Apparently, any decision of the contract administrator on delay claims would be incompatible with the interest of either the owner or the contractor. Under the circumstances, the owner and contractor are likely to be less willing to accept an unfavorable decision by the contract administrator as correct Pre contract negotiation between the contractor and owners project management team could facilitate the resolution of delay and disruption claims when they arise during the construction phase. The purpose of pre contract negotiation is to clarify and reach agreement on problematic aspects delay and disruption claims assessment and quantification _SCL Protocol _SCL 2002__.Precontract negotiation should essentially aim at the following: 1. Seek to enhance mutual understanding among parties regarding methodologies, techniques, and procedure for assessing and quantifying anticipated delay and disruption claims.2. Seek to improve the quality of information needed for assessing the impact of anticipated delay and disruption.

According to Renata McGee (27 Apr, 2010) Conflict can show up anywhere in daily life, but it shouldn't be a regular part of how a company does business. When conflict does arise negotiation and conflict managers handle the conflict in the best possible way. Learning how to solve conflicts in a way that brings about the best solution is available through online study in negotiation and conflict management.To enroll in a negotiation and conflict management degree program students are required to have previously earned an undergraduate degree. This is a standard requirement because almost all schools offer a master's degree as the starting point for a degree with this concentration. To prepare for a master's degree program online schools offer students a number of undergraduate degrees to choose from. The best choices for students to consider include a bachelor's degree in business or labor relations. Pursuing a bachelor's degree in business is a wise choice because students learn about the organizational structures and theories of a business that directly relate to earning a master's degree. Students bring into a negotiation and conflict management degree their knowledge of business as it relates to finance, accounting, and the economy. This knowledge prepares students to understand advanced concepts that a graduate degree program will provide. A labor relations bachelor's degree is a good option because it provides training on labor agreement negotiation, contract administration, and conflict management. These skills are directly transferable to the study students enter in a master's degree program.Online study in negotiation and conflict management centers on the ability of a professional to resolve situations and bring about a mutual agreement on the matter at hand. Decisive decision-making and writing policies make up the basic job responsibilities a professional completes. Courses teach students specific skills on what things to negotiate and what matters not to push. This is an important skill to acquire because pushing a matter too much may result in a bad resolution for one or both parties. Study provides other highly useful tools like mediation strategies, fixing cultural misunderstandings, and efficiently coming to an agreement of terms. All this and more can be learned through a master's degree. A master of business is the typical form of education earned by practicing professionals. The above skills are learned by studying a wide range of topics that relate to specific situations that may happen in the workplace. Comparative politics, development economics, race relations, human rights, and ethics make up a portion of the courses students take. Within these specific courses students learn about conflicts and techniques to gain a better understanding of how to handle and avoid certain situations. Students can work for agencies by combining effective managing tools with practical decision-making skills. Another specific schooling option is gaining an executive certificate in negotiation. A program like this teaches students strictly about negotiation through topics like how to influence people. This is a great option because students learn basic knowledge that is applicable to a full degree program or work related duties inside a business.Controlling situations and people so conflicts do not get out of hand is a skill that every employer seeks for their business. Students that are interested in managing business situations to help resolve work related and personal issues should start their education today by enrolling in anaccredited degree program.According to Sylvester Stallone, 25, Oct, 2012:Conflict and Negotiation at Work:

Response classmate threads concepts:Using my working experience, I can confidently concur that not all conflicts are destructive to individuals and the organization as pointed out in discussion thread. The impact of conflict depends on the intensity of the conflict and if left unattended may interfere with the working of the organization leading to poor performance (Giacalone and Greenberg, 1997). Inter-organizational conflicts enhance competition leading to production of quality products, and conflicts between groups in organizations are known to cause change in the firm. Conflicts between management and employees have enhanced employees welfare through increased salaries and improved working condition. The idea that managing conflict is not easy cannot be confirmed as true, but it all depends on the ability of conflict negotiators.I also concur that having excellent negotiation skills could help avert the negative effects of conflicts. Posted discussion thread describes how learning of negotiation skills such BATNA, IBB and distributive bargaining helped them to solve the conflict. However, this knowledge must be supplemented with life skills such as interpersonal, analytical and interpersonal skills. This enables negotiators to effectively communicate their knowledge and ideas. I believe that negotiation and life skills enabled members in negotiating team to agree on contentious labor issues unlike in the previous negotiations.Conclusion:Disputes within the organization are a reality we must confidently face. Conflicts can be healthy or harmful depending on the knowledge and skills of negotiators. Managing conflicts require both negotiation knowledge and life skills.

References:AA Aibinu - Journal of Legal Affairs and Dispute Resolution in , 2008 - ascelibrary.orgwww.acme-articles.com/article/Negotiation/Conflict_and_Negotiation..ezinearticles.com ... Online Educationwww.ehow.com Job Search & Employment