Interests vs Positions

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Dispute Resolution Continuum
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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.

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Interests vs. Positions
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Positions

• ideal solution
• pre-formed solution
• an opening demand

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Positional Negotiations
lose/lose outcomes...
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Positional Negotiation

• objective is to win - to defeat your opponent
• parties perceive themselves as adversaries
• parties are suspicious about each others motives
• parties seldom listen to whats important from
  the opposing partys perspective

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Positional Negotiations
win/lose outcomes...
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Interests

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

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Interest Negotiation

• work together to solve the problem
• proceed on the basis of common interests
• accommodate and collaborate rather than compete
  and compromise

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Interest Based Negotiations
Rather than dividing the pie, Parties work
together to build a bigger pie
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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 dont know the answer to

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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

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Communication Skills
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Communication Skills

• Active Listening
• Open Questions
• Paraphrasing
• Acknowledging
• Reframing
• Summarizing

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Communication Skills
Probing Questions...
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Active Listening

• be attentive
• concentrate
• acknowledge
• probe
• clarify
• paraphrase to ensure understanding

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Communication Skills
Inactive Listening...
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Open Questions

• Who
• What
• Where
• When
• If, ....., then...
• Why