Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Check Lists For Each Phase Because we have reconfigured the phases, these older slides are not fully aligned with the phases in the current slide set. However, each activity--preparing, opening, exploring, focusing and agreeing--is encompassed in the new configuration. Check Lists

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Inadequate preparation -- Phase I Accept positional mandates from constituents Focus only on the members of the two bargaining teams Overestimate your power/underestimate others’ Being either too trusting or too cautious with advanced sharing of data Phase I: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Phase I: Preparation checklist  Identify stakeholders and potential issues  Assess stakeholder interests on each issue  Identify potential mutual gains options  Clarify constituent mandates on each issue Be direct on tough issues Reframe positional mandates into interests  Analyze power realities on each issue  Establish target, fall-back and BATNAs for each issue and anticipate same for other side  Explore opportunities for joint data collection Phase I: Overview Ask “What are the core interests -- ours and others?”

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Risky opening -- Phase II Define the problem too narrowly or too broadly Unyielding position No clear indication of priorities Minimize/ignore other’s stated positions/interests Overt threats or no indication of alternatives Phase II: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Phase II: Opening checklist  Clear definition of problem  Firm on interests, flexible on solutions  Acknowledge other’s interests  Recognize power realities  Construct agreements on ground rules, bargaining plan, and joint data collection Phase II: Overview Be able to answer the question, “Why?”

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Unconstructive exploration -- Phase III Boundaries set by opening positions Communication only channeled through spokespeople Incomplete notes/language not written out Unilaterally or prematurely rejecting options Not communicating constraints on exploration Phase III: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Phase III: Exploration checklist  Review boundaries on scope of exploration (constituent expectations, time constraints, etc.)  Consider separate brainstorming prior to joint brainstorming  Encourage “out of the box” thinking  Generate many options  Build on mutual gains possibilities  Keep separate “parking lots” for questions about feasibility and criteria to measure success Phase III: Overview Ask “What other options can we identify?”

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Unconstructive exploration -- Phase III Boundaries set by opening positions Communication only channeled through spokespeople Incomplete notes/language not written out Unilaterally or prematurely rejecting options Not communicating constraints on exploration Phase III: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Phase III: Exploration checklist  Review boundaries on scope of exploration (constituent expectations, time constraints, etc.)  Consider separate brainstorming prior to joint brainstorming  Encourage “out of the box” thinking  Generate many options  Build on mutual gains possibilities  Keep separate “parking lots” for questions about feasibility and criteria to measure success Phase III: Overview Ask “What other options can we identify?”

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Ineffective focusing -- Phase IV Wait for others to take the first step Jump to a single solution -- cutting a deal Push without reasons Impose self-serving criteria Ignore points made by others Make final demands Phase IV: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Phase IV: Focusing checklist  Determine that exploring is as complete as possible  Indicate that it’s time to focus toward agreement (step “into the void”)  Agree on fair criteria/standards (if possible)  Consider “What if?” and “What about?” scenarios  Offer “supposals” and other potential solutions  Build on interests, data, and points made by others  Propose potential linkages  Establish fair criteria/standards  Signal consequences of impasse -- BATNA Phase IV: Overview Ask “Can we at least agree that... ?”

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Unstable agreements -- Phase V Superficial consensus Only take into account the “people in the room” Agreement easily undone by unexpected or inconsistent actions Phase V: Overview