5th National Mediation Conference - Fells paper -
[Cached Version]
Published on: 1/1/2000
Last Visited: 10/8/2008
Ray Fells
University of Western Australia
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Ray FellsUniversity of Western Australiaemail: rfells@kroner.ecel.uwa.edu.au
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Fells (1986) raises the possibility of deadlocks occurring during the course of a negotiation rather than only in the final stages or end-game.
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The cases are described using pseudonyms at the request of some of the interviewees. (A fuller account of the negotiations and the context in which they took place can be found in Fells, 1998.)
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When negotiators are in deadlock they tend to look to the going rate (Fells and Skeffington, 1992) and this is what the mediator encouraged the parties to do.
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Managing a negotiation or a dispute is dynamic and involves incremental strategic choice (Dufty and Fells, 1989, pp.241-245; Fells, 2000, p.97) and these choices are strongly influenced by the next best available alternative (Fisher, Ury and Patton, 1991; Pinkley, Neale and Bennett, 1994; White and Neale, 1991).
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Fells, R. (1998) 'Advancing Australia Adversarially?A Preliminary Exploration of the Future Direction of Enterprise Negotiations' in Harbridge, R., Gadd, C. and Crawford, A. (eds.) Current Research in Industrial Relations AIRAANZ Conference Proceedings 1998, pp.119-128.
Fells, R.E. (2000) 'Negotiating 'strategically'' in Travaglione, A. and Marshall, V. (eds.) Human Resource Strategies: An Applied Approach Sydney, McGraw-Hill, pp.81-116.
Fells, R. and Skeffington, R. (1992) 'How Pervasive is the 'Going Rate'?Some Behavioural Insights into the Process of Enterprise Bargaining' Economic and Labour Relations Review 3(2) pp.131-147.