1. Dispute Resolution Continuum

2. 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.

3. Interests vs. Positions

4. Positions
ideal solution
pre-formed solution
an opening demand

5. Positional Negotiations
lose/lose outcomes...

6. 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

7. Positional Negotiations
win/lose outcomes...

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

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

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

11. 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

12. 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

13. Communication Skills

14. Communication Skills Active Listening Open Questions Paraphrasing
Acknowledging
Reframing
Summarizing

15. Communication Skills
Probing Questions...

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

17. Communication Skills
Inactive Listening...

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