Chapter 4 Part 1: What is Negotiation - including styles

Attributes of Negotiation and Mediation

collaborative

non binding w/ability to litigate

confidential (no public access)

less complex/fewer rules

less expensive

resolution decisions created by parties

faster dispute resoltion

Arbitration and Litigation attributes

adversarial

binding decisions

public

complex/more rules

more expensive

resolution imposed

parties lose control

SLOW

Negotiation is a - - process among disputing parties for the purpose of - on a future action by - or - parties or a - -

conflict resolution

agreement

one or all parties

or a 3rd party

Negotiation

conflict resolution process among disputing parties for the purpose of agreement on a future action by one or all parties or by a 3rd

Consistent elements of every negotiation

communication among only the interested parties

good faith bargaining

efficient process for dispute resolution

produces a final agreement acceptable to all parties

goal setting and measuring by all parties

3 common styles/approaches used when engotiating

positional bargaining

collaborative problem solving

principled negotiation

Positional bargaining aka

distributive bargaining

Collaborative problem solving is also called

cooperative problem solving

Positional bargaining style is said to be a - style

win at all costs

Consequences of positional bargaining

parties adopt zero sum attitude

encourages adversarial approach

bargaining becomes about self-empowerment of each party to the detriment of the other side

becomes more about intimidation to gain larger distributive share

Process for positional bargaining style

establish and announce to the other side an exaggerated version of the claim

defend your exaggerated demand or claim vigorously

compromise only if necessary and as little as possible

negotiations will break down unless position of at least one party changes

Pros of positional bargaining

everyone in N. America is familiar with it

requires very little prep

Cons of positional bargaining

not based on legitimate interests or needs of the parties

if no party compromises, the negotiation breaks down

parties interests and needs are lumped together in the defence of a position

promotes ego centred posturing

Results of positional bargaining

leads to inequitable resolutions that depend on each parties initial position

Prime example of positional bargaining

spousal arguments in a divorce

Collaborative problem solving

compromise that allows all sides to win something

Consequences of collaborative problem solving

echoes moral mandate of treating others the way we want to be treated

encourages cooperative approach

bargaining becomes about cooperation of each party with the other to come to a common consensus

negotiation becomes about cooperating to work toward a common goal

Process for collaborative style

serves all parties interests

integrates all parties interests and needs

seeks mutually beneficial solutions

Collaborative style focuses on

reciprocal full disclosure of relevant information

all parties concerned with interests of all other parties

dealing collaboratively and cooperatively with all matters

Pros of collaborative style

all sides can win something

Cons

lose power

forceful people perceive this as a sign of weakness

perceived as settler and opposing side expects you to give up

time consuming

Example of collaborative style

ON collaborative family law initiative for low conflict cases

Principled negotiation was developed by

Roger Fisher and William Ury

Principled negotiation applies what 5 key principles

separate the people from the problem

get parties to focus on interests, not positions

invent solutions/options

ensure use of objective criteria

BATNA/WATNA

Step 1: separate people from the problen

move parties from focusing on past issues - get them to refocus on clarifying their needs and future interests

How to separate people from the problem

promote respectful verbal and NON verbal communication

results in separating present negotiation from past cycle of blame

Things good listeners believe

listening to others is important

everyone has something valuable to say

feelings are as important as facts

when they really listen they help increase self esteem

that the speaker should control the conversation

people are capable of solving their own problems

When separating people from the problem get them to use this pronoun instead of “You” statements

I statements

Position

what a party wants from the negotiation

Interests/Needs are

what the underlying reason is for the want

How to get parties to focus on interests, not positions

explore each party’s hopes, expectations and aspirations related to their fears and concerns

understand the frame of reference for each side

Invent resolution options

create problem solving options that lead to integrative solutions for the mutual gain of all parties

How to invent resolution optins

be flexible, create, analyze each sides priority list

Ensure the use of objective criteria

don’t allow one side to dominate

use reliable, objective, identifiable, and measurable criteria

How to ensure use of objective criteria

use objective, indisputable third party parameters/data to verify any party data presented

Pros of Principled Negotiation

separates the relationship from the substance and avoids misunderstanding

preserves parties ongoing relationship

fast, efficient negotiated resolution

sets fair and measurable outcomes which can be tested

Cons of principled negotiation

demands a lot of advance preparation