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Based on the previous publication on The Paradigm Shift In Negotiation, it is clear that there is a shift from the old method of collective bargaining which has all to do with adversarial relationship and can safely be linked to the old industrial age of “blessedmemory” to a more civilized approach of Interest-Based-Negotiation (IBN) which section 97 of the Labour Act demands from parties in any negotiation.

Obviously this requires from the social partners to acquire the needed knowledge, understanding and the skill of the Content, Process and Response (CPR) to enable them fully benefit from the art and science of negotiation.

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The Application of a “Past” Module.

Dr. Jerome Bennet once said that “A PAST module of mutual-gain negotiation is a “generalized, hypothetical description, often based on an analogy used in analyzing or explaining something “

PAST in Principles, Assumptions, Steps and Techniques will form part of the knowledge understanding and skills that will help the social partners in the application of section 97 and other relevant sections of the Labour law(Act 651). Let us take a peep into the PAST module.


  • Focus on issues and not personalities or the past.
  • Focus on interest and not on positions.
  • Seek mutual-gain
  • Apply a fair method or criteria to determine the outcome.


  • That problem-solving enhances relationships.
  • That both parties can gain in negotiation.
  • That both parties should help each other during the negotiation.
  • Open and Frank conversation expands mutual interests and other options.
  • Mutually developed standards or criteria for evaluating options can move decision-making away from reliance on fight, flight and freeze.(Power-based) approach.


Obviously the steps to follow can tremendously aid both parties in the handling of the Content Process and Responses.

  • Identification of issues
  • Identifying interests behind the issues
  • Developing options
  • Setting standards/criteria
  • How to judge options with standards/criteria
  • Achieving a mutual gain agreement.



  • To enable the parties engage in an interest-based-negotiation, it is important for them to learn the following techniques:
  • Brainstorming, interests and options.
  • Effective listening and speaking skills and consensus decision-making.
  • Group problem-solving-mechanisms.
  • Idea Charting.
  • Effective communication and the use of the GHOST principles.
  • Understanding differences and resolving them.
  • Other relevant techniques.


By: Austin Gamey, CEO

Gamey and Gamey Group Limited

HRM/ADR and Labour Consultant


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ADR Daily is a specialized news portal with a focus on providing authentic news, information and research analysis on Appropriate Dispute Resolution (ADR), Human Resource Management (HRM) and Industrial Relations Management (IRM) in Ghana and beyond. This platform serves as an information resource base for the progress of the ADR, HRM and IRM industries, and seeks to promote professionalism in ADR practice by supporting a network of ADR professionals within and across nations and continents. ADR Daily keenly encourages the mass adoption of ADR mechanisms, particularly negotiation, mediation and arbitration for the resolution of disputes in all spheres, through the publication of industry news and information, as well as by deploying innovative awareness creation engagements.