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Introduction
Labour Act, 2003 (Act 651) mandates Labour
and Management to negotiate in good faith
and make every reasonable effort to reach
an agreement during a negotiation without
intimidation or threat of any kind. Sect.
127 (3) and (4)
The Labour law also demands that either
party to the negotiation shall make available
to the other party information relevant
to the subject matter of the negotiation.
Information so provided shall not be false
or fraudulent misrepresentation and shall
be treated as confidential. Section 97.
These provisions of the Labour Act call
for a different approach to negotiation.
The traditional method of bargaining which
is adversarial and makes labour-management
co-operation difficult should give way to
the use of a side-by-side, joint problem
solving method by labour and management.
Interest Based Negotiation (IBN) also known
as “Both-Gain” method is designed
to be used in an environment in which parties
to negotiation have to share relevant information.
IBN creates a healthy atmosphere, fosters
mutual respect and joint commitment during
and after the negotiation process.
This document explains the Interest-Based
Negotiation process, outlines the dynamics
of the information-sharing in the negotiation
process as well as simplifies the principles
of problem-solving during and after contract
negotiation.
Objectives
The objective of the Interest Based Negotiation
(IBN) seminar includes:
- How to prepare for the negotiation
- Uncovering the issues
- Learning from each other about concerns
presently and not the past
- Searching for a joint solutions
- Explain into a doable agreement the
future working relationships
Opponents or Partners
The Both-Gain Approach in any negotiation
is about changing the approach from adversarial
attack and defence to co-operation. It is
a powerful shift of sharing information
and attitude that alters the whole course
of communication.
The challenge now is how to have this happen.With
the determination to use a both-gain approach,
two sets of needs can frequently dovetail
together.
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