Conflict Resolution - Case Study

Added on - 28 May 2020

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Running head: CONFLICT RESOLUTIONConflict ResolutionName of the StudentName of the UniversityAuthor Note
1CONFLICT RESOLUTIONIssues of negotiation in the context of labor issue:In order to manage disputes and make decisions one of the common approaches that canbe considered is negotiation. The process of negotiation acted as an extensive method inalternative dispute resolution procedures (Schaerer et al.). In case of negotiation participants arerequired to identify the issues in order to educate themselves about the needs and interests bygenerating possible settlement thereby generating over the terms and conditions of finalagreement (Chatterjee). In the present case study it is required to analyze the issues ofnegotiation by identifying the physiological, structural and tactical barrier to successfulnegotiation. The essay seeks to provide an understanding on the role of the power and trust incomplex negotiations.The present case study is regarding an issue related to 2004–05 NHL lock-outs whichengendered the repudiation of 88thseason of National Hockey League (NHL). The NationalHockey League led by Commissioner Gary Bettman, in an attempt to convince the players askedthem to accept a salary structure which is likely to link the salaries of the players to leaguerevenues which was defined by the league as cost certainty (Micieli and Micieli). However onJuly 2004, on the presentation of NHL Players Association (NHLPA) with six other concepts inorder to attain cost certainty the concepts were believed to have originated from an obstinatesalary cap similar to those used in National Football League (Hutchison et al.). Bettman statedthat with the inclusion of a luxury tax that is similar to the one in Major League Baseball wouldnot in any way satisfy the targets of cost certainty of the league. In this regard it caused theNHLPA to dispute the financial claims of the league. The six concepts presented by the NHLwere rejected by the union on the basis that such concepts contained salary caps in differentforms. The contractual structure of the League was highly criticized by the players that overpaid
2CONFLICT RESOLUTIONmany unproven players. It can be stated that though the numbers of NHL was disputed andcriticized no questions were raised about the other franchises that lost their money and some ofthem went severely bankrupt.It can be stated that in order to emphasize on the issues of negotiation it is important tointroduce a new concept in order to understand the reason behind successful negotiation. In thetheory of negotiation Best Alternative to a Negotiated Agreement (BATNA) has been used bymost negotiators in determining the course of action in case an agreement has not reached withina certain frame of time (Kirk, Oettingen, and Gollwitzer). A well structured Best Alternative to aNegotiated Agreement acts as an essential insurance policy (McKibben). It can be stated thatskilled negotiators are benefitted from the structure of a clearly defined BATNA which helps thenegotiators to break off the negotiation.In the present scenario, for the purpose of Collective Bargaining Agreement both theparties had contradictory positions and interests. It is noteworthy to mention here that there wasno scope for agreement and bargaining zone on every issue that aroused between the league andthe NHLPA. However the NHLPA in this regard had different point of views. According toNHLPA moving out of negotiation is easier and is considered as a right decision when the natureof the negotiation is extremely complex. In this regard an individual can walk away from anegotiation due to various reason however if the BATNA becomes efficient then in such cases itis important to satisfy the needs of the issue (Kirk, Oettingen, and Gollwitzer). In this regard theNational Hockey League (NHL) is a vast and well known organization to part away fromnegotiation. In the season of 2003-2004 the average player made less than 2 million dollars ayear and the collective salaries of the players comprised more than 1.5 billion dollars. In thiscontext it can be observed that such number would be marginally above by the next season.
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