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Negotiation Approach for Resolving Conflict

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Added on  2021/04/17

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The assignment requires the student to analyze a conflict between Mrs. Hopkins and Mr. Muller regarding unpaid rent arrears. The student is expected to employ a collaborative approach to negotiate and find a mutually acceptable solution. This involves understanding different negotiation styles such as accommodating, collaborating, and aggressive negotiation, as well as considering the interests of both parties involved in the dispute.

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Running head: NEGOTIATION IN LAW
Negotiation in Law
Name of the Student
Name of the University
Author Note

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1NEGOTIATION IN LAW
To
The Manager
HHS Law Firm
Sub: Negotiation approach in the Housing dispute
Respected Sir,
I would like to notify you that as per your instructions, I have summarized the steps to resolve
the housing dispute of our client Mr. Muller. I am attaching the file log wherein I have recorded
all the communications that I have attempted with the parties.
Appropriate negotiation technique to resolve the given dispute
Given the information regarding the rent dispute between Mr. Muller and Mrs. Hopkins, it is
apparent that Mrs. Hopkins is interested to maintain the good relationship that she shares with
her landlord and is fond of the place as well as its neighborhood. On the other hand, she states
that she has planned for a 2 months holiday trip in the Caribbean and due to her daughter’s
wedding expenses along with the veterinarian expenses of her cat, she shall not be able to pay
her rent arrears1.
Under the given circumstances, the most appropriate negotiation techniques would be the
integrative or collaborative approach to resolve the conflict. This is because the integrative or the
collaborative negotiation techniques involve taking consideration of interests of both the
1Thomas, Stephanie P., Karl B. Manrodt, and Jacqueline K. Eastman. "The impact of relationship history on
negotiation strategy expectations: A theoretical framework." International Journal of Physical Distribution &
Logistics Management 45.8 (2015): 794-813.
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2NEGOTIATION IN LAW
negotiating parties resulting in satisfaction to both of them2. The advantages of using this
negotiation approach to resolve the rent dispute is explained below:
Availability of sufficient resource amount to divide between both the parties
Here, Mrs. Hopkins, though retired from her job, is the present owner of her deceased husband’s
Art that were previously displayed at several exhibitions which may be a source of her income.
Further, she may talk about the rent issue with her daughter, Sanne Hopkins, as she is the
guarantor of the rental agreement between herself and Mr. Muller.
Being a guarantor, she has assured that her mother would pay her rent in the manner and on the
date set out in the rent agreement. In case of any non-compliance with respect to the payment of
rent, being a guarantor, Sanne is responsible to make the payments.
Separate People from the problem
Mrs. Hopkins is a trustworthy person and maintains a good relationship with her landlord, Mr.
Muller, which she wishes to retain3. She intends to stay in the rent apartment and is reluctant to
distort her relationship with Mr. Muller. This implies that she would agree to clear the rent
arrears to retain the apartment and maintain good relations.
Create options for mutual gains
She shall have an option to remain as tenant and retain her relationship with her property owner
if she arranges to pay the rent arrears by means of her monetary sources. This way she will be
able to avoid legal proceedings and will not have to go through the mental and physical hassle,
2 Steele, Paul T., and Tom Beasor. Business negotiation: A practical workbook. Routledge, 2017.
3 Aarons, Gregory A., et al. "Collaboration, negotiation, and coalescence for interagency-collaborative teams to
scale-up evidence-based practice." Journal of Clinical Child & Adolescent Psychology 43.6 (2014): 915-928.
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3NEGOTIATION IN LAW
given that she is 51 year old and stays alone. This will signify that her interests have been
considered instead of focusing on the positions of the negotiating parties4.
Creating variety of possibility before taking decisions
She should be informed of all the possibilities that may take place in the event of non-payment of
rent. Firstly, she has been previously informed that if she does not pay the rent arrears, she may
have to face legal implications, leading to her ejection as Mr. Muller has stringer grounds than
her. On the other hand, if she pays the arrear, she will not only continue with the rent agreement
but also maintain her goodwill and relation with Mr. Muller.
Therefore, this way both Mr. Fuller who has a medical history and Mrs. Hopkins who is aged,
will have a win-win outcome where they will not have to go through any hassle due to the legal
proceedings and achieve their desired outcome.
Yours Sincerely,
ABC
Junior legal Assistant, HHS Law firm
4 Aarons, Gregory A., et al. "Collaboration, negotiation, and coalescence for interagency-collaborative teams to
scale-up evidence-based practice." Journal of Clinical Child & Adolescent Psychology 43.6 (2014): 915-928.

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4NEGOTIATION IN LAW
To
Mr. Müller (Landlord)
23 Prins Hendrikstraat,
2518 HK Den Haag
Sub: Negotiation approach to resolve the Housing dispute
Sir,
This is to notify that we have considered undertaking the following steps to resolve the housing
dispute between you and your tenant, Mrs. Hopkins. We would like to inform you about the
several negotiation techniques available to resolve any dispute and the approach that wer have
considered most appropriate for resolving this housing dispute.
Types of negotiation techniques
The different negotiation techniques include:
Compromising style of negotiation - it involves an approach where concessions are made
from both the sides and in the end, there are no winners, instead it is believed to obtain
fair result. This negotiation technique is often used in positional bargaining. Avoiding style of negotiation – this technique is adopted to avert confrontation of the
issues directly. The negotiator avoiding such confrontation is characterized to be less
honest and transparent resulting in weak lines of communication.
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5NEGOTIATION IN LAW
Competing style of negotiation – this negotiation technique is used when negotiators
consider the negotiation process as competitions that have losers and winners and is
selected when there is not much to negotiate about between the parties. Accommodating style of negotiation – this refers to a submissive approach where
accommodators are willing to provide information and make necessary concessions,
giving the other party opportunity win on issues resulting a less appropriate
consequences. Aggressive style of negotiation – this negotiation technique emphasis more on the
objectives or the aggressive negotiators and they are willing to win even it is achieved at
the cost of others, only to attain short-term consequences5.
Collaborating style of negotiation – this style of negotiation is used to maintain strong
bonds or relationship between the parties. It is mentally exhausting style and requires
preparation to avoid being taken advantage of the information shared with the opposite
negotiators.
Under the given circumstances, the most appropriate negotiation techniques would be the
integrative or collaborative approach to resolve the conflict. This is because the integrative or the
collaborative negotiation techniques shall satisfy the interests of both the negotiating parties.
Mrs. Hopkins state he is reluctant to distort her relationship with you and she is also interested in
staying in the rent apartment which implies that she would agree to clear the rent arrears to retain
the apartment and maintain good relations.
5McCarthy, Alan, and Steve Hay. "Strategic Framework for Negotiation." Advanced Negotiation Techniques.
Apress, Berkeley, CA, 2015. 143-148.
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6NEGOTIATION IN LAW
She may talk about the rent issue with her daughter, Sanne Hopkins, as she is the guarantor of
the rental agreement between herself and Mr. Muller. She is informed that she will face ejection
if rent arrears are paid and she may have to face legal implications. If the rent is arranged for, she
will be retain the apartment and will avoid legal implications. This will signify that her interests
have been considered along with yours.
Yours Sincerely
ABC
Junior Legal assistant, HHS Law firm

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7NEGOTIATION IN LAW
Contact Log
# Date Time From/To Method of
communication
& why chosen
Summary Possibility of the parties
coming to agreement?
& Next Action
1 04/03/20
18
10.00a
m
Personal
meeting
Mrs. Hopkins is
informed about
the financial
resources to pay
her rent
She will talk with her daughter
as she is guarantor to pay rent
arrears
15.03.201
8
11.15a
m
Telephonic
conversation
Mrs. Hopkins is
informed about
the possibilities
that may occur if
rent is not paid
She is satisfied that her
interests are being considered
instead of focussing on
position of the negotiators.
This signifies her chances of
coming to an agreement.
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8NEGOTIATION IN LAW
References
Aarons, Gregory A., et al. "Collaboration, negotiation, and coalescence for interagency-
collaborative teams to scale-up evidence-based practice." Journal of Clinical Child & Adolescent
Psychology 43.6 (2014): 915-928.
Coburn, Calum. "Negotiation conflict styles." Boston: Harvard Medical School Ombuds (2015).
Grabowska, Anna, and Andrzej Kozina. "Interactive approach to negotiating styles dependent on
personality traits." Journal of Management and Business Administration 24.1 (2016): 2-16.
Kaplan, David M., and Monika K. Renard. "Negotiating your syllabus: Building a collaborative
contract." Journal of Management Education 39.3 (2015): 400-421.
McCarthy, Alan, and Steve Hay. "Strategic Framework for Negotiation." Advanced Negotiation
Techniques. Apress, Berkeley, CA, 2015. 143-148.
McCarthy, Alan, and Steve Hay. Advanced negotiation techniques. Apress, 2015.
Steele, Paul T., and Tom Beasor. Business negotiation: A practical workbook. Routledge, 2017.
Thomas, Stephanie P., Karl B. Manrodt, and Jacqueline K. Eastman. "The impact of relationship
history on negotiation strategy expectations: A theoretical framework." International Journal of
Physical Distribution & Logistics Management 45.8 (2015): 794-813.
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