Dispute Resolution Continuum

What is Negotiation? Negotiation is a problem-solving process in which two or more people voluntarily discuss their differences and attempt to reach a joint decision on their common concerns. It is one of the most common approaches used to make decisions and manage disputes.

Interests vs. Positions

Positions ideal solution pre-formed solution an opening demand

Positional Negotiations lose/lose outcomes...

Positional Negotiation objective is to “win” - to “defeat” your opponent parties perceive themselves as adversaries parties are suspicious about each other’s motives parties seldom listen to what’s important from the opposing party’s perspective

Positional Negotiations win/lose outcomes...

Interests Interests are the needs, hopes, fears, concerns and desires that underlie a position

Interest Negotiation work together to solve the problem proceed on the basis of common interests accommodate and collaborate rather than compete and compromise

Interest Based Negotiations Rather than dividing the pie, Parties work together to build a bigger pie

Positional Negotiation Strategy play cards close to your chest demand more than you expect to receive measure success by what you gain and the other party loses never ask questions you don’t know the answer to

Interest Based Negotiation Strategy identify their needs, hopes, fears concerns and desires parties identify their interests and look for common interests as a basis to begin building agreement parties work together to build an agreement that accommodates their collective interests

Communication Skills

Communication Skills Active Listening Open Questions Paraphrasing Acknowledging Reframing Summarizing

Communication Skills Probing Questions...

Active Listening be attentive concentrate acknowledge probe clarify paraphrase to ensure understanding

Communication Skills Inactive Listening...

Open Questions Who What Where When If, ....., then... [Why]