Problem Solving Strategies: Principled Negotiations

Anatomy of a Conflict: A Framework for Analysis

Structural Interest Cognitive Emotional Core Concerns Distribution of power & resources ‘Built-in’ structural inequalities Underlying interests, goals and objectives Beliefs Schemas Frames Fear Loss and grief Rage Pathology Goals Justice Integration or compromise Reframing Healing Conflict Management Techniques Revolution Re-distribution De-construction Negotiation / mediation compromise bargaining win-win Facilitated contact Truth-telling Public Acknowledge- ment Forgiveness

Problems of Compromise Claim Value Create Value Effectiveness Range Competitive Moves Cooperative Moves Divide Pie - Distribution Expand Pie - Joint Gains

Negotiation Strategies Hard Soft Principled

Getting to Yes (Fisher and Ury) Criteria Wise agreement (meets legitimate interests of both sides, resolves conflicting interests fairly, is durable, takes community interests into account) Efficient Improve relationship

Method Separate the people from the problem Focus on interests, not positions Generate a variety of possibilities before deciding what to do/invent options for mutual gains Insist the result be based on some objective standard

Separate the people . . . Exploring perceptions/ step into their shoes

Position - Predetermined solution. “What” you want Interest - Your desires, needs, and concerns, underlying position.“Why” you want your solution

Interests Based on . . . human need

Principles Process Results Respect People Use differences as a natural resource Separate people from the problem Good agreements Good relations Attack Problems Raise Discover Generate Test Against Develop Issues Interests Options Standards Agreements Respect People Emotions Communication Understanding Source: Adapted from Tomas Dunne. Center for Conflict Management. Internal Revenue Service.

Selecting and Clarifying Issues Gain agreement on what the issue(s) are Gain agreement on the sequence in which they will be addressed Identify data that needs to be considered to make high quality decisions Source: Fisher, Roger and Ury, William (1981). Getting to Yes: Negotiating Agreement Without Giving In. New York: Penguin Books.

Eliciting interests WHY? Technique 1: Reflective Listening “You’re concerned about . . .?” Technique 2: Chunking “If you were able to have your position, what benefits would accrue, what difference would it make, what would having it do for you . . .?” WHY?

Expand the pie Invent before you decide Brainstorm all possible solutions

Test Options Against Standards or Objective Criteria Fairness Workability Affordability Acceptability Examples:

BATNA Best alternative to a negotiated agreement