Problem Solving Negotiation for Legislators

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Problem Solving Negotiation for Legislators

• Senator David Landis

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Definition

• A negotiation is a trade
• -Ill do Y, if youll do X.

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Two Strategy Options

• Seeking Advantage
• Seeking Joint Gain

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Advantage Seeking

• Good short term results
• Hard to exploit
• Relatively easy to do

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Advantage Seeking

• Hard on relationships
• Misses joint gain
• Breeds reciprocity

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Joint Gain Seeking

• Expands the pie
• Benefits grow over time
• Builds relationships

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Joint Gain Seeking

• Risks exploitation
• Takes more time and preparation
• Requires skill to be effective

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Taming the Advantage Seeker

• Align your incentives
• Cooperation on terms is reciprocal, not
  individual
• Lift the horizon
• Develop walk away alternative

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Trust

• A two-sided coin trusting, being trusted
• A shared problem
• Some assume trustworthiness
• Some assume untrustworthiness

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Being Trustworthy

• Say what you mean, mean what you say
• Does not require full disclosure
• Worth its weight in gold

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Trusting

• Operate independent of trust
• Reciprocal consequences

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3 Characteristics of Negotiation

• Recurring pattern
• Tension
• Asymmetrical information

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Role 5 - Observer

• Dont give away information or reactions just
  watch.
• Watch for exaggerations, threats, offers and
  counter-offers.
• Notice questions particularly.

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Role 1

• Your mother says, Go to the store. Bring me an
  orange. You come home without an orange and
  youll be in trouble.

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Role 2

• Your mother says, Go to the store. Bring me an
  orange. You come home without an orange and
  youll be in trouble.

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Role 3

• Your mother says, Go to the store and bring me
  an orange. Family is coming over tomorrow, Im
  going to peel the orange and cut up the pulp for
  a fruit salad. Bring me an orange or youll be
  in trouble.

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Role 4

• Your mother says, Go to the store, bring me an
  orange. Family is coming over tomorrow. Im
  going to peel the orange and grate the peel to
  flavor some orange bread Im making. Bring me an
  orange or youre in trouble.

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5 into 2

• No division of items
• No side deals
• Must divide all five between you
• Divide in 2 minutes or get nothing
• Item

• 5 crisp 1,000 bills

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5 into 2

• All the same rules
• Items

• 2 tickets, great concert
• Designer jacket
• Glider flight over Grand Canyon
• Elegant, fine French meal for 2
• Martha Stewart cooks and cleans

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Workers Comp Deal
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Workers Comp Deal
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Workers Comp Deal
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Workers Comp Deal
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Workers Comp Deal
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Tools for Mutual Gain

• Interests not positions
• Priorities traded across differences
• Fair process norms
• Objective criteria
• Trust through authentic communication

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Use Objective Criteria

• Learn marketplace
• Frame dispute as a joint search for fair
  standards
• Adjust standards for unique circumstances
• Open with an offer you can justify

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Focus on Interests, Not Positions

• Interestsunderlying motivations
• The answer to why?
• Positionsyes or no options
• The answer to how much?
• Focusing on interests induces problem solving
  because they are flexible and create
  satisfaction.

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Invent Options for Mutual Gain

• Brainstorm method of advancing parties interests
• Invent first, then decide
• Link differences, priorities
• Maximize shared interests

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Separate People from the Problem

• Be unconditionally cooperative on process
• Good listening
• Fair characterizations
• Symbolic gestures

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Separate Problem from the People

• Be firm on fair outcomes
• Trade cooperation
• Reason, be open to reason
• Results need a fair, reasonable basis

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Problem Solving Negotiation

• Good luck and good negotiating,
• Dave Landis
• dlandis2_at_unl.edu