Chapter 5: Rights-Based Negotiation Dr. Allan Barsky Conflict Resolution for the Helping Professions

“Sometimes I think you have to march right in and demand your rights, even if you don't know what your rights are, or who the person is you're talking to. Then on the way out, slam the door.” ~Jack Handey Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Agenda RBN – Definition, Rationale Bargaining in the Shadow… Negotiating Fact-Based Conflicts Negotiating – Fairness/Appropriateness Beyond Rights-Based Discussions Role-Play Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

consistent with relevant rules & laws RBN: Adversarial process in which each party tries to prove s/he is right in the sense of being… accurate appropriate fair consistent with relevant rules & laws Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

RBN - Rationale PROS Just Fair Objective Rationale Civil CONS ✖ Relationships ✖ Creativity ✖ Win-Win ✖ Blaming ✖ Concerns Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Bargaining in the Shadow of Other Rights-Based Processes Court Arbitration Disciplinary hearing Welfare tribunal Parent Neutral evaluator Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Negotiating Fact-Based Conflicts What happened? What is happening? Best Evidence Witness Documentary Real Opinion Retrospective, prospective Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Fact-Based Conflict - Example “The current health care system is ineffective and inefficient.” Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

FBN beyond Facts Strong convictions Attribution theory Irrationality Identify shared beliefs, opinions… Acknowledge honest differences of… Demonstrate understanding/respect… Invite joint-fact finding mission Determine how both sides can proceed despite differences Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Negotiating Conflicts about Appropriateness or Fairness What should happen now? What should we do moving forward? Sources / Arguments: International Law Constitution Statutes Case Law Codes of Ethics Contracts Agency Policies Cultural Norms Family Traditions Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

My Rights or Yours? Balancing act… who wins? Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Implicit Rights & Establishing Objective Criteria Fair and reasonable Sound empirical evidence Approved or supported by authoritative bodies Feasible to apply Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Objective Criteria Conflict over assessment: Should Roger, convicted and served time for rape, be declared a “sexual predator.” What do laws say? What does research say? What criteria should be considered? Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

BEYOND RBN: Responding to RB strategies with… Mindfulness Persuasion Legislative advocacy Judicial advocacy IBN Transformation & Peacebuilding Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

1. Past or Future 4. Objective Criteria 5. Rights and Resources Discussion Questions 1. Past or Future 4. Objective Criteria 5. Rights and Resources Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018

Role-Play 5.1: Sedation Squabble Paol0 – auditory hallucination imploring him to kill Dr. Prince – wants to sedate Clint – don’t sedate – client has right to refuse medication Dr. A. Barsky: Ch.5 Rights-Based Negotiation 11/14/2018