
Shutterstock.com
After reading this article, you should be able to:
- Understand the importance of negotiation and mediation as a manager;
 - List the strategies and principles that increase the odds of successful negotiation;
 - List the strategies and principles that are useful for mediation.
 
Introduction
Pharmacy leaders and managers can find themselves in difficult situations involving employees or other stakeholders. They may be called upon to find ways of managing and resolving conflict involving others, which can be challenging. It can also be difficult to maintain impartiality, openness and transparency in such situations; however, it is essential to not be considered to be taking sides or favouring one person or group over another. This is the second in a short series of articles examining conflict management in pharmacy. Part 1 explored the early warning signs of conflict and the strategies of de-escalation and conflict management. Part 2 will look at the negotiation and mediation skills managers can call on to help resolve conflict. This article has been adapted from Management, Leadership and Entrepreneurship in Pharmacy, published by Pharmaceutical Press in 2023.
Negotiation and mediation
Negotiation and mediation are different processes, yet each can be valuable when dealing with conflict. There are times and circumstances where one may be more appropriate than the other. Negotiation is a process in which those involved in a conflict or a dispute reach a settlement among themselves that both can agree to or at least live with1. In mediation, this process involves a neutral third party that assists the individuals or groups in reaching a solution. Mediation also requires strict neutrality in order to be perceived as fair2. Managers need to understand the advantages and disadvantages of both approaches and what managerial roles exist in both cases.
Negotiation
In negotiation, identified individuals (i.e. negotiators) represent each party and deal directly with one another to identify areas of common agreement, as well as where compromises can occur. Negotiation is best used in situations where there is general comparability or equality between the parties involved so that one does not have a particular advantage over the other. Negotiation can be a stormy process at times; however, it often produces a satisfactory outcome, as well as helping to strengthen relationships between the parties. When negotiation is being used, managers may find it most effective to simply step away and provide the negotiators with time and space to find a mutually acceptable solution, without outside interference or involvement. There is, however, a risk with negotiation that the ‘mutually acceptable solution’ to the parties may in fact not be workable from a managerial perspective. Without a third party present to facilitate the process, negotiation can sometimes lead to unexpected and unworkable outcomes1.
Negotiation skills and tips
There is no ‘one-size-fits-all’ formula for successful negotiation, but there are certain principles that generally apply.
Tip one: Don’t be combative
Negotiation that is rooted in force or intimidation rarely succeeds and does not produce a win–win outcome. Both parties need to enter a negotiation believing — and wanting — a mutually acceptable outcome where everyone gets something of value.
Tip two: Coinage matters
In negotiation, the term ‘coinage’ refers to an item that has significant meaning to one party but is not particularly important to the other3. Coinage is frequently the most common way in which the give-and-take of negotiation proceeds. One party’s willingness to concede or give something that isn’t all that important to them can have an enormous effect on enhancing the tone and collegiality of the negotiation, increasing the willingness of the other party to find suitable coinage in return. Initial negotiations should focus on coinage rather than the stickier issues that matter significantly to both parties.
Tip three: Ensure clarity around what negotiators can and cannot do
It is essential that those involved in a negotiation know what authorities and powers they have, particularly if they are representing a group or other people. Negotiators can sometimes make decisions alone; however, in many cases, negotiators need to check in with the rest of their group prior to commitments being made. Building this into the negotiation process is essential.
Tip four: Tone and environment matter
Conflicts frequently escalate in stressful, crowded and disorganised workplaces. Negotiation should be removed from these environmental distractions to set a more positive tone, so both parties can truly concentrate and focus their attention on one another.
Tip five: Impasses will occur
No negotiation is a smooth, straight-line process — if it were that simple, no conflict would have started in the first place. Expecting and planning for an impasse (i.e. the point at which neither side has coinage or the ability to compromise) is essential and most often requires a break from discussions for a period of time. Not all negotiations are successful, and even successful negotiations will leave some elements unnegotiated.
Mediation
In mediation, an impartial facilitator, with no specific link to either individual or group involved and with no interest in the issue itself, is responsible for ensuring respectful, productive and constructive dialogue as a prelude to identifying and selecting alternatives and solutions. It is quite unusual for the mediator to be the manager themselves, since the manager probably has an interest in the issues at hand. However, in larger organisations, managers from unrelated areas may serve as mediators. Inevitably, mediators represent a third party in a conflict (i.e. the organisation), which is distinct from the interests and needs of the individuals or groups involved, and this can be difficult to navigate.
In some cases, mediators can and should provide a valuable ‘reality check’ to the disputants but in a way that still preserves impartiality and fairness. Explicitly representing management’s views on an issue as part of a mediation is rarely successful. It frequently accelerates or worsens conflict and should be avoided. Crucial to the success of mediation is finding a mediator who can reconcile these concerns and needs and be trusted and respected as impartial by the disputants. Their focus should be on facilitation, not on content, ensuring parties are heard, voices are respected and ground rules for conversation are adhered to consistently2.
Mediation skills and tips
Mediators must have sophisticated communication and problem-solving skills to be successful. As with negotiation, there is no one-size-fits-all formula for success as a mediator, but certain practices are more likely to engender a positive outcome4.
Tip one: Focus on the problem
Mediators must use verbal and non-verbal language to emphasise the problem itself and not the personalities or individuals involved. This can be complex because by the time conflict erupts, personalities and individuals have become part of the problem. Finding ways of decoupling personalities from problems and framing the mediation as a discussion around issues alone is one of the most important mediation skills.
Tip two: Encourage the parties to solve problems jointly
It can be tempting for mediators to think of themselves as the wise judge who has the answer; however, successful mediation rarely occurs when the mediator does all the talking. Mediators should refrain from prematurely offering their opinions or their uninformed solutions for fear they will be perceived as partial or unfair. Instead, mediators need to ask open-ended questions to test the strength of ideas or solutions proposed by the parties themselves.
Tip three: Don’t ignore verbal and non-verbal cues
In mediation, much of the information the mediator has comes from the communication of the disputants. Being mindful of this information and responding to it — rather than ignoring it — is essential. An eye roll or heavy sigh in response to a statement conveys a wealth of information that the mediator needs to use when deciding what to say next.
Tip four: Ensure ground rules for respectful dialogue are enforced
Disputants may assume that a mediator is a referee who makes the final decision when the individuals or parties cannot agree. This is not the case; mediators are not referees in a decision-making sense. Their role is to ensure respectful conversation and tone are maintained throughout. Each mediator needs to find the language and non-verbal cues that work most effectively to signal — respectfully but clearly — when one of the parties has crossed the line. Most frequently, this involves the use of words such as ‘we’ or ‘us’ rather than ‘you’ or ‘them’. For example, when conversation becomes heated, rather than saying ‘You’re out of line’, it may be preferable to say, ‘Let’s all take a break to catch our breath and start with new energy’. Failure to address disrespectful discourse clearly and effectively will diminish trust in the mediator and may imply a lack of impartiality.
Tip five: Demonstrate confidence that mediation can work
The mediator must believe mediation is useful for the disputants to buy in. This does not imply mediation will solve all problems. Instead, mediation can help parties advance their discussions respectfully and, perhaps, establish a foundation for ongoing discussions to address challenging issues in the future.
Finding a mediator
Many jurisdictions have mediator certification programmes, and mediators come from different backgrounds. Finding a trusted and respected mediator with the skills necessary to facilitate discussions between disputants will take time and energy; however, the reward of finding such a mediator can be significant. Word of mouth and referrals from professional colleagues are essential. Human resources departments and lawyers may also have advice regarding mediators who might be effective in particular cases or situations. Mediators can be expensive, depending on their background and qualifications, so this may be a consideration in many cases. However, avoid the temptation of using cheaper, less-qualified or well-meaning amateurs, when only professional mediators could truly manage a complex situation. The costs of not having a good mediator in terms of productivity, broken relationships and further stress on the organisation are frequently much higher than the fees charged by an effective and experienced mediator.
Conclusion
Negotiation and mediation are two distinct but useful processes that can be used to manage and resolve a conflict. Pharmacy managers need to recognise when negotiation would be useful and when mediation is required, depending on the severity of the conflict and other organisational issues. In both negotiation and mediation, it is essential to clearly define and find common ground on what issues are subject to negotiation or mediation. Failure to agree upon a defined parameter for the discussion can result in conversations devolving quickly into personality disputes1,2. Pharmacy managers could be asked to perform either role but outside, professional help may be required for complex situations.
- 1.Zohar I. “The Art of Negotiation” Leadership Skills Required for Negotiation in Time of Crisis. Procedia – Social and Behavioral Sciences. 2015;209:540-548. doi:10.1016/j.sbspro.2015.11.285
 - 2.Knickle K, McNaughton N, Downar J. Beyond winning: mediation, conflict resolution, and non-rational sources of conflict in the ICU. Crit Care. 2012;16(3):308. doi:10.1186/cc11141
 - 3.Hake S, Shah T. Negotiation skills for clinical research professionals. Perspect Clin Res. 2011;2(3):105. doi:10.4103/2229-3485.83224
 - 4.Fairchild AJ, McDaniel HL. Best (but oft-forgotten) practices: mediation analysis ,. The American Journal of Clinical Nutrition. 2017;105(6):1259-1271. doi:10.3945/ajcn.117.152546
 


