Interest Based Bargaining Robert A. Kubiak Executive Director Trumbull County Children Services Board

Interest Based Bargaining A method of principled negotiations that is “hard” on the merits and “soft” on the people.

Why Use Interest Based Bargaining? n Allows full discussion on difficult or complex issues n Promotes creative solutions n Reduces confrontation n Results in ownership and support of the results n Builds a closer working relationship

Traditional versus IBB n Written proposals n Exaggerated positions n Throw-a-ways n Lead negotiator n Selective information n Horse trading issues n Issue list n No positions, only interests n Real issues n Team discussion n Open sharing of information n Merit-based solutions

PATTS (P.A.S.T. Model) n Principles n Assumptions n Tools and Techniques n Steps

Changing the Paradigm From n Power-based n Rights-based To n Interest-based

The 4 Principles of IBB 1. Focus on the issues not the personalities 2. Focus on interests not on positions 3. Create options to satisfy the interests 4. Evaluate the options with standards, not power and leverage

The 5 Assumptions of IBB 1. Bargaining enhances the parties’ relationship 2. Both parties can win in bargaining 3. Both parties should help each other win

The 5 Assumptions of IBB (continued) 4. Open and frank discussion expands the areas of mutual interests, and this in turn expands the options available to the parties 5. Mutually developed standards for evaluating options can move decision- making away from a reliance on power

Tools and Techniques n Active listening n Idea charting n Brainstorming n Consensus decision-making

Skills for Constructive Communication “Seek first to understand, then to be understood.” -Stephen Covey

What are some qualities of good listener? n The ability to not only listen to the content of the message, but acknowledge the emotion behind it as well. n The capacity to receive the whole meaning by concentrating on the words, tone, gestures, and posture.

Tips to Active Listening n Learn to want to listen n Stay focused on the speaker n Control your emotional hot buttons n Listen for the unsaid (feelings) as well as the said

The C.O.R.R.E.C.T. Method CConcentrate: focus on the substance OObserve: body language RRespond: communicate understanding RReflect: paraphrase or repeat EElicit: ask questions CControl: your interruptions TTake initiative: to listen first

Empathetic Listening n Listening with the goal to see things as others see them. n The ability to share in another’s emotion, thoughts and feeling.

Idea Charting n Title/label/and date each page n Write or print largely and clearly n Use a good marking pen n Change colors n Explain abbreviations

Idea Charting n Number topics in a series n Number ahead n Avoid editing or imposing your ideas n Never “flip” the flipchart n Post each chart

Brainstorming The free, uninhibited generation of ideas.

Brainstorming Hints n Be free-wheeling n Use imagination n Take a risk n Build on the ideas of others- combining and expanding

Brainstorming Rules n Record each idea exactly as it was said n Clarify ambiguities n Absolutely NO criticism

Consensus A group reaches consensus when all members agree upon a single alternative.

Consensus In consensus, each group member can honestly say: “I believe that you understand my point of view and that I understand yours. Whether or not I prefer this decision, I support it because it was reached fairly and openly, and it is the best solution for us at this time”

Consensus guidelines n Listen actively n Encourage participation n Share information n Do not agree too quickly n Do not trade support n No voting

The 70/100 Rule When you, as an individual, are 70% comfortable that you can support the group’s decision 100%, then you are in consensus.

It is not always easy n Do not isolate or coerce any individuals who are not at 70% n The group needs differences to get the best solutions n Create a solution that can be supported

Getting Consensus n Individuals not at 70% have an obligation to offer alternatives (more options) which addresses their concerns and a solution that can be supported.

Understand Interest Based Bargaining n Steps n The actual process n Getting ready n Protocols

The Steps of Interest Based Bargaining 1. Issue 2. Interests 3. Options 4. Standards 5. Solution

Issue The party raising the issue needs to: n Explain it n Provide background about it Good solutions come from a good understanding of the issue

Cause and Effect Analysis n Cause and Effect analysis helps diagnose a problem - to trace it back to its root causes. n It is the root causes that need to be clearly identified and understood before a group begins to identify and implement solutions.

Cause and Effect Analysis Ask yourself : “What do you believe caused the problem to exist?” and “What has resulted from the problem existing?”

Interests The purpose of negotiating is to satisfy your interests n If you want the team to take your interests into account, discuss them n Explain your interests so that all team members can understand them

Acknowledge each other’s interests n Actively listen to all interests n If you want other team members to appreciate your interests, demonstrate that you appreciate theirs

Externalize your interests n Share information n Share all information

Focus on your interests n Do not announce a position on any issue - it will stop the process

Position versus Interest n Focuses on a particular solution n Makes a demand n Draws a line n Sets up confrontation n Ends or dampens discussion n Focuses on problem n Articulates one of the range of needs n Makes no valuations n Establishing a climate of understanding n Allows the real issue or problem to be discussed

Interest statements n Do not provide the solution to the issue n Open discussion and provides a basis for joint exploration of the issue

When you hear a position n Convert the position statement into interest statements n Peel off the positional layers

Tangible & Intangible Interests n What you see n What you say n The measurable n The quantifiable n What you do not see n What you do not say n Fears n Beliefs n Concerns

Options Through the synergistic process of brainstorming, options are created to address the interests

Obstacles that inhibit the inventing of options n Criticism n Fear n Impatience n Confusion n Single-best answer n Staying-in-the-box

Standards The parties need to agree on a set of factors which they will use to judge the options.

Standards n Feasible n Beneficial n Acceptable