W7: Dispute resolution

What is a dispute?

Occurs when “a claim has been made by one party and rejected by the other party”

• Not simply about exchanging resources

3 Characteristics of a dispute

1. High emotional reactions

2. Often, no bad intentions

3. BATNAs are linked (both sides will suffer without a deal and neither side can get everything they want)

A model of dispute resolution (3 routes)

What approach should you use? - 4 criteria to evaluate (Ury, Brett, & Goldberg, 1988)

1. Transaction costs (time, money, emotional energy)

2. Mutual satisfaction with outcomes 

3. Effect on the r/s 

4. Recurrence of disputes (whether it produces a durable solution)

What is Power?

The ability to coerce someone to do something they would not otherwise do 

What does using power involve?

• Usually imposing costs on the other party

• Use threats, anger, status

Eg. force, war, strike

What are Rights?

Independent standards or perceived legitimacy or fairness

What does using rights involve?

• Past-oriented, blame-focused

• “I deserve this; this is fair”

• Rely on contracts and legal rights 

What are interests?

Needs, desires & concerns

What does using interests involve?

• Future-oriented

• Understand other’s motivation and perspective

• Focus on the “why” (what does this allow them to do?)

Benefits of going by the interest route

• Hardest zone to hit, but the most valuable

• Allow for substantial negotiation

What does the route you choose to start off with determine?

The outcome

• Choosing rights and power often leads to impasse

• Choosing interests and asking questions leads to a positive outcome (// integrative nego) 

What is a good way to start to defuse anger and tension?

Apologising

What to do if you are low in power?

Resist ever leaving interests and try to link back to THEIR interests

Even if you are high in power

Might still prefer interests because:

• Your source of power might change

• Interest-based agreements are often easier to enforce

• Interest-based conversations preserve positive r/s

What happens when you move from interests to rights?

• The other party will likely follow, and it’s very hard to return back

• Often escalates to power → likely to drift away from the core interests 

What is the most effective system?

Start off with interests and remain there (most cases), if the convo is stalling and opponent not willing to compromise, then use rights & power as a backup (fewest cases)

4 strategies to get back on track from rights and power: (BLTP)

1. Be a role model

2. Labelling

3. Transitions

4. Process intervention

Be a role model

Not reciprocating contentious communications, instead ask questions, offer information and stay calm

Labelling

Consider labelling (eg. assigning blame) unhelpful, not going to solve the problem

Transitions (to interests)

Offer mid-course corrections & transitions to interests

Eg. “Let’s focus on our respective goals…”

Process interventions

Create a structural break to get some perspective

Eg. take a break, find a mediator, restate e/o’s view