Obstacles to Negotiation

In intractable conflicts, removing the obstacles to negotiation is the critical first step in moving toward negotiated agreements. Sometimes people fail to negotiate because they do not recognize that they are in a bargaining position. They may fail to identify a good opportunity for negotiation, and may use other options that do not allow them to manage their problems as effectively.[40] Or, they may recognize the need for bargaining but may bargain poorly because they do not fully understand the process and lack good negotiating skills.

In cases of intractable conflict, parties often will not recognize each other, talk with each other, or commit themselves to the process of negotiation.[41] They may even feel committed, as a matter of principle, to not negotiate with an adversary. In such cases, getting parties to participate in negotiations is a very challenging process. In addition, both parties must be ready to negotiate if the process is to succeed. If efforts to negotiate are initiated too early, before both sides are ready, they are likely to fail. Then the conflict may not be open to negotiation again for a long time.

Before they will negotiate, parties must be aware of their alternatives to a negotiated settlement (their BATNA). They must believe that a negotiated solution would be preferable to continuing the current situation, that a fair settlement can be reached, and that the balance of forces permits such an agreement.[42] William Zartman refers to this as the belief that there is a "Way Out."[43] Weaker parties must feel assured that they will not be overpowered in a negotiation, and parties must trust that their needs and interests will be fairly considered in the negotiation process.

In many cases, conflicts become "ripe" for negotiation when both sides realize that they cannot get what they want through a power struggle and that they have reached a hurting stalemate.[44] If the parties believe that their ideal solution is not available and that foreseeable settlement is better than the other available alternatives, the parties have a "Zone of Possible Agreement" (ZOPA). This means that a potential agreement exists that would benefit both sides more than their alternatives do.

However, it may take some time to determine whether a ZOPA exists. The parties must first explore their various interests, options, and alternatives. If the disputants can identify their ZOPA, there is a good chance that they will come to an agreement. But if they cannot, negotiation is very unlikely to succeed. In addition, each side must believe that the other side is willing to compromise. If the parties regard each other with suspicion and mistrust, they may conclude that the other side is not committed to the negotiation process and may withdraw.

When there is little trust between the negotiators, making concessions is not easy. First, there is the dilemma of honesty.[46] On one hand, telling the other party everything about your situation may give that person an opportunity to take advantage of you. However, not telling the other person anything may lead to a stalemate. The dilemma of trust concerns how much you should believe of what the other party tells you. If you believe everything this person says, then he or she could take advantage of you. But if you believe nothing this other person says, then reaching an agreement will be very difficult. The search for an optimal solution is greatly aided if parties trust each other and believe that they are being treated honestly and fairly.