1. Chapter 5: Rights-Based Negotiation
Dr. Allan Barsky
Conflict Resolution for the Helping Professions

2. “Sometimes I think you have to march right in and demand your rights, even if you don't know what your rights are, or who the person is you're talking to. Then on the way out, slam the door.” ~Jack Handey
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

3. Agenda RBN – Definition, Rationale Bargaining in the Shadow…
Negotiating Fact-Based Conflicts
Negotiating – Fairness/Appropriateness
Beyond Rights-Based
Discussions
Role-Play
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

4. consistent with relevant rules & laws
RBN: Adversarial process in which each party tries to prove s/he is right in the sense of being…
accurate
appropriate
fair
consistent with relevant rules & laws
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

5. RBN - Rationale PROS Just Fair Objective Rationale Civil CONS
✖ Relationships
✖ Creativity
✖ Win-Win
✖ Blaming
✖ Concerns
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

6. Bargaining in the Shadow of Other Rights-Based Processes
Court
Arbitration
Disciplinary hearing
Welfare tribunal
Parent
Neutral evaluator
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

7. Negotiating Fact-Based Conflicts
What happened?
What is happening?
Best Evidence
Witness
Documentary
Real
Opinion
Retrospective, prospective
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

8. Fact-Based Conflict - Example
“The current health care system is ineffective and inefficient.”
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

9. FBN beyond Facts Strong convictions Attribution theory Irrationality
Identify shared beliefs, opinions…
Acknowledge honest differences of…
Demonstrate understanding/respect…
Invite joint-fact finding mission
Determine how both sides can proceed despite differences
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

10. Negotiating Conflicts about Appropriateness or Fairness
What should happen now?
What should we do moving forward?
Sources / Arguments:
International Law
Constitution
Statutes
Case Law
Codes of Ethics
Contracts
Agency Policies
Cultural Norms
Family Traditions
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

11. My Rights or Yours? Balancing act… who wins?
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

12. Implicit Rights & Establishing Objective Criteria
Fair and reasonable
Sound empirical evidence
Approved or supported by authoritative bodies
Feasible to apply
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

13. Objective Criteria
Conflict over assessment: Should Roger, convicted and served time for rape, be declared a “sexual predator.”
What do laws say? What does research say? What criteria should be considered?
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

14. BEYOND RBN: Responding to RB strategies with…
Mindfulness
Persuasion
Legislative advocacy
Judicial advocacy
IBN
Transformation & Peacebuilding
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

15. 1. Past or Future 4. Objective Criteria 5. Rights and Resources
Discussion Questions
1. Past or Future
4. Objective Criteria
5. Rights and Resources
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018

16. Role-Play 5.1: Sedation Squabble
Paol0 – auditory hallucination imploring him to kill
Dr. Prince – wants to sedate
Clint – don’t sedate – client has right to refuse medication
Dr. A. Barsky: Ch.5 Rights-Based Negotiation
11/14/2018