Interest-Based Bargaining (IBB) Commissioner Dennis Dougherty Federal Mediation & Conciliation Service

What is one thing you remember as significant from yesterday’s training/discussion? 2

Bargaining Exercise “Win as Much as You Can”

Traditional Bargaining

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6 Traditional Negotiations Preparation: A Look Back – “Let’s get even” Data Sources – “Yours can’t be right” Mobilization – “Prepare for battle” Expectations – “Do what we can to get away with what we want”

7 Traditional Negotiations At the Table: Opening Exchange – Demands Focus on Separate or Competing Interests Exaggerated Positions Strategic Retreat Denial of Legitimate Claims Withholding of Information

8 Traditional Negotiations At the Table (continued): Arguments around Data Relevancy Emphasis on Control Negative Behaviors – “coerce” – “name calling” Time Allocation Use of Power

9 Traditional Negotiations At the Table (continued): Settlements, not Solutions Distributing, not Creating An agreement reluctantly accepted is a sign of success. Limited scope (Confined to NLRB “Box”) “The enemy is within” perspective

10 Clip: Michael Scott Paper Co.

11 Traditional Negotiations Aftermath: Less than Optimal Agreement Resentment – Revenge Game Playing Unwillingness to Implement

12 Clip: “Haggle”

13 Old Habits…

14 …and Change

Interest-Based Negotiations Methodology

16 Aim of Negotiations IBB negotiation has 3 distinct goals: to reach a desired and durable result to reach agreement efficiently and fairly to keep the relationship intact

17 Tenets of IBB Refrain from using power tactics and strategies Information sharing (information not used as bargaining chip) Openness to options and alternatives

Overview of the Interest- Based Negotiations Model

19 IBB Terminology Issue:A problem or subject area to be addressed. Position:One’s proposed solution to an issue. A solution to a problem or concern which is crafted to meet one party's interests. Interest:An underlying motivation, concern or need that must be considered in reaching a mutually satisfactory solution. Interests are what cause one to take a given position and often express why the issue is an issue in the first place. Options:Potential, often partial, solutions to satisfy one or more interests. Criteria:Broad or general agreed-upon qualities of an acceptable solution.

20 Step 1: Defining the Issue The statement of the issue should be: ðOpen-ended ðFree of accusations and emotionally laden terms ðPhrased as “What can we do to…”What might we do to…” ðFocused on causes rather than symptoms

21 Step 2: Identify Interests Identify all interests behind the issue Interests = concerns, needs, fears, goals that must be addressed in reaching a solution Discuss and clarify each interest Identify mutual interests

22 Step 3: Develop Options Options are potential solutions, or partial solutions, to the issue Options are not commitments Strive for quantity in developing options ðBrainstorming is one technique; no judging Group reviews, clarifies and sorts options

23 Step 4: Craft a Solution Integrate promising options into a solution Test the solution against the interests Test for consensus Draft the written solution (off-line) Review the written solution and test again for consensus

Defining the Issue

25 Defining the Issue The issue must be defined clearly Everyone must agree that it is the issue to be worked on Posting the issue on a flipchart helps to keep the group focused and working on a common goal

26 Defining the Issue The Checklist ðOpen-ended ðFree of accusations and emotionally laden terms ðPhrased as “What can we do to…” or “What might we do to…” ðDepersonalized ðLends itself to multiple options ðFree of judgmental wording ðFocused on causes rather than symptoms

27 Defining the Issue Framing the issue is an art Scope should not be too narrow: only part of the problem will be solved Scope should not be too broad: the problem becomes unsolvable

28 Defining the Issue The statement of the issue may change during the IBB process IBB is a process of constant clarification

Distinguishing Interests from Positions

30 Distinguishing Interests From Positions Interests ðThe needs or concerns underlying the issue Position ðOne party’s solution to the issue

31 Interests and Positions Interest Statement ðFocuses on why the issue is an issue ðIdentifies one’s true needs and concerns regarding the issue ðOpens the way to a dialogue so the things one cares about can be discussed, understood and addressed

32 Sample Listing of Interests Consistency Productivity Teamwork Seniority Respect Fairness Reliability

33 Interests and Positions Position Statement ðFocuses on how the issue should be resolved ðMay not reveal one’s true needs and concerns regarding the issue ðCan set up a confrontation: my way vs. your way

34 Interests and Positions Testing Interests vs. Positions ðIs there more than one solution that would meet the interest? ðIf not, it’s probably a position There are usually several possible solutions that would satisfy an interest

Identifying Interests

36Process Caucus Write interests on flipcharts Beginning with an action “verb” ending in “ing” may be helpful – i.e. Improving Discuss among constituents and prioritize Share and discuss with other party Identify mutual interests

37 Identifying Interests Identifying and understanding interests is key to the success of IBB A dialogue is required; listing interests is not enough Listen actively and with empathy Ask clarifying questions Confirm what you’ve heard in positive terms

38 Identifying Interests Dialogue may disclose interests that were not listed Interests must be accepted as legitimate; they are not to be debated Acceptance and understanding do not mean agreement Don’t get bogged down in debating whether an interest is mutual

39 Identifying Interests Demonstrating that you understand and appreciate the interests of the other party is a low risk investment with the potential for high returns The discussion of interests should leave participants with a sense of the “gotta-have’s” versus the “like-to-have’s” The “gotta-have’s” are the “key” interests that the process should focus on “Less is more” – a shorter list is more likely to be remembered and acted upon

Develop Options

41Process Revisit issue statement and interests List potential options on flipchart ðManaged brainstorming/list generation ðMany other possible techniques

42 Development of Options Options are potential solutions or solution elements It is helpful to create a broad range of potential solution elements Brainstorming can be used to stimulate creative thinking Options are not commitments

43 Development of Options If the issue is complex: ðDon’t rely on brainstorming alone ðReview all relevant data ðSurvey best practices ðObtain the views of experts Offering options that meet the interests of the other party builds trust – if the gesture is reciprocated

Craft a Solution

45 Select Solution Elements Which options best meet the interests and solve the problem? Those options = potential pieces of the solution May have to create criteria to help decide; the best criteria are the “must-have” interests Results are more important than process

46 Three Stage Factor Analysis Feasible Benefit Acceptable

47 Craft a Solution It may be useful to categorize options There are many ways to identify the most promising options – e.g., “multi-voting” Developing alternative “straw man” solutions can be helpful Additional options are often identified as the solution is being worked on

48 Craft a Solution Return to the key interests if people get positional – caucuses can be helpful Consensus is required for agreement Consensus means all commit to support the solution Detailed solution agreements should be drafted off-line and brought back to the group for approval

49 Reaching Agreement by Conseneus More on this later

50 Benefits of IBB Ownership in the solution Ease of implementation Consistent with organizational values and norms

51Compromise

IBB Exercise

53 Next Steps Joint Training (check) Explain process to constituents Identify issues Jointly develop ground rules Establish language and communication committees Prepare opening statement Exchange issues