Online Custom «Whistle Blowing, Negotiating and HR Laws» Essay Sample

Whistle Blowing, Negotiating and HR Laws

When two parties want to resolve points of difference, they must look for the best way to do so by involving themselves in a process that determines their relationship and also the issue causing the two to have a dispute. This process is called negotiation. Negotiation occurs in government agencies, businesses, non-profit organizations, and legal proceedings, upon nations and in personal situations such as parenting, marriage, divorce and everyday life. The process takes place in two forms, namely, distributive and integrative bargaining (Trötschel, Bündgens, Hüffmeier, & Loschelder, 2013). This paper describes and discusses two negotiating approaches in relation to our day-to-day activities and how an HR manager should use distributive and integrative bargaining when dealing with the employees.

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Negotiation is a method by which people settle differences while avoiding arguments and finding a compromise (Trötschel et al., 2013). Not so long ago, I was involved in such a process. I work as a part-time clerk assistant in an electronics store, and the employees there were demanding a pay rise. The management was reluctant to increase the salary unless the labor hours increase as well. This disagreement resulted in the closure of the store for three days. The workers justified their position by arguing that their wage was lower than it should be in accordance with the number of hours they work. The store management decided to form a special committee where, as a member representing the staff, I suggested that we need to create a win-win situation. We came up with appraisal techniques for the most hardworking employees who were to receive financial incentives for their work. Although neither salary nor labor hours were added, both parties came to an agreement and a solution emerged. In this case, an integrative type of negotiation was used (Trötschel et al., 2013). According to Marks & Harold (2011), integrative bargaining is where one party determines the list of priorities and makes a guess about the other party’s priorities as well. This approach, therefore, shows the collectivist mentality and desire to create a win-win situation.

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On the other hand, distributive bargaining (negotiation) occurs when there is a limited amount of resources. In this situation, one party gains something and the other one loses. Regarding my case above, it is evident that it was an integrative type of bargaining. If the management had decided to use a distributive negotiating approach, it would have caused an interplay of a walk away value (Trötschel, Hüffmeier, Loschelder, Schwartz, & Gollwitzer, 2011). In this case, the walk away value for the management would be increased labor hours required for a pay rise, while that of the employees would be a pay rise with no increased working times. This method would have resulted in destructive actions such as both parties focusing on the negative sides of the agreement rather than finding a solution. Apparently, a distributive approach would not have helped the situation as it would have led to strikes, retrenchment of workers and consequently, the wasting of organization time and resources (Trötschel et al., 2013).

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Therefore, for an HR manager, it is wise to embrace an integrative negotiation method since it satisfies both parties, unlike distributive negotiation approach that favors only one side. According to Trötschel et al. (2011), an integrative bargaining technique is a good way to enhance the employer-employee relationship and hence create loyalty in the workplace. HR managers should only use a distributive approach to reach an agreement in a situation where a dispute cannot be solved in any other way i.e. in zero-sum arguments (Trötschel et al., 2011).

In conclusion, an integrative negotiation approach should always be the first option when any conflict arises because it helps to create a conducive and enjoyable working environment. On the other hand, a distributive method can only be used when there is no other solution. The same applies to the everyday life.

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