Interest Based Negotiation Principled Negotiation for Moving Forward

Interest Based Negotiation Principled Negotiation for Moving Forward 11/24/2020

Overview Why interest-based negotiation (IBN)? Five principles of IBN Separate the people and the problem Focus on interests Create options for mutual gain Know your alternatives (BATNA) Determine objective criteria Applying IBN 2

Why is this Important? Conflict is everywhere Increasing knowledge and skills in negotiation can save time and money Teams who work well together are more productive 3

Conflict Happens in the interaction of interdependent people Who perceive incompatible goals And experience interference from the other in reaching those goals 4

Conflict is like chaos It is complex – there are many parts and they way they evolve and impact each other is unpredictable Conflict is dynamic – change is the only constant People can feel out of control in conflict 5

Understanding Conflict There is an order to conflict – the way that we identify it and respond to it As we understand conflict better, we begin to see patterns emerge The more we understand individuals in conflict, the better we are able to respond thoughtfully 6

Understanding People in Conflict Thomas-Killman Conflict Mode Instrument Compete Accommodate Avoid Compromise Collaborate 7

Compete Collaborate Compromise Avoid Accommodate 8

Interest-Based Negotiation A more effective and more lasting way to resolve conflict 11/24/2020

Separate the people from the problem Create options for mutual gain Develop your BATNA Focus on interests not positions Define objective criteria 10

Separate the people from the problem 11

Separating People and Problem Negotiators have the ability to separate the substantive problem and their relationship with others People & problems get entangled by: Perceptions Assumptions Emotions Communication 12

Perceptions and Assumptions Place yourself in their shoes Do not interpret their motives by your fears Discuss the perceptions I You It 13

Emotions Recognize they exist and they contribute to conflict Acknowledge them and allow for time to express– listening to emotion gives you clues about what is important to others Do not react to them 14

Communication Listen to understand Frame your message Consider delivery mechanism 15

Separate the people from the problem Focus on interests not positions 16

Positions are “what you want” They are your pre-determined goals They are often based on power and/or rights The goal in a positional negotiation is to persuade They are win-lose 17

Interests If positions are “what you want”, interests are ”why do you want them? ” They are your hopes, fears, concerns and priorities There are three types Substantive Procedural Psychological 18

Focus on Interests Positions Interests Solutions to problems Why a particular solution Specific & definite Basis for argument Require justification End discussion is preferred Reasons underlying positions Require explanation not justification Start discussion 19

Why Focus on Interests? Interests define the problem Interests allow for a variety of possible solutions Interests allow for a solution that may not involve compromise Interests help us evaluate a possible solution Focusing on interests provides increased understanding between people in conflict 20

Position Interests 21

Separate the people from the problem Create options for mutual gain Focus on interests not positions 22

Interests Lead to Options Examining and evaluating the interests highlights areas of mutual gain How do participants prioritize their interests? How do they fit together? 23

Options for Mutual Gain There is always more than one option Think outside the box Expand the pie 24

Options for Mutual Gain Brainstorm possible solutions together Consider options for joint benefit Create what neither of you could do on your own Look for possible trade-offs that can turn potential into reality 25

Overcoming Barriers to Developing Mutual Options Premature judgment Searching for the SINGLE answer Assuming a “fixed pie” Solving their problem is THEIR problem 26

Separate the people from the problem Create options for mutual gain Develop your BATNA Focus on interests not positions 27

Best Alternative to Negotiated Agreement What will you do if you are unable to reach agreement in the negotiation? These alternatives are outside the negotiation and are typically implemented without the buy in of the other. 28

Identify and Use your BATNA Know your BATNA Focus on what you want to achieve and the different ways to accomplish this Strengthen your BATNA Construct your BATNA to be more achievable, probable, or satisfying more of your interests Improves your confidence during the negotiation Consider other side’s BATNA Make their BATNA less attractive to them 29

Options and BATNA Note the difference Options BATNA “Inside” the negotiation “Outside” the negotiation ü Created with counterpart ü Fall back position if negotiation fails ü Brainstorming session ü Potential solution(s) ü Can be implemented unilaterally ü BOTH you and counterpart receive benefit 30

Separate the people from the problem Create options for mutual gain Develop your BATNA Focus on interests not positions Define objective criteria 31

Objective Criteria “Others in the industry do…. ” (What is customary) “The last time this happened we…. ” (Precedent) “The standard contract says…” (Law) “If you were me would you…. ? ” (Reciprocity) 32

The Process of Negotiation Set the Stage Gather Information – explore interests Frame and prioritize issues Generate and Evaluate Options Finalize Agreement 33

Prepare to Negotiate Know your interests and anticipate those of others Assess your relationships and it’s impact on the negotiation. Think about (without settling on) possible options for mutual gain Determine your BATNA Understand your standards of fairness and anticipate others’ 34

Culturally Competent Dispute Resolution Cultural Considerations in Negotiation 35

Cross Cultural Training in the Past Cookbook approach Recipes perpetuate stereotypes Continues narrow definition of culture as ethnic Focus is on “those” people Understanding and skills remain underdeveloped and can be counterproductive 36

Evolution of Negotiation Has been historically culture neutral Developed from the perspective of one culture without accounting for differences or ambiguity 37

Definition of Culture Way of life that includes values, beliefs and behaviors Passed down from one generation to another It is learned 38

The Iceberg Theory of Culture 39

Dimensions of Culture Core Dimensions – aspects that are the most personal and virtually unchangeable (ethnicity, gender) Internal Dimensions – Aspects that apply through our development (language, family constellation) Peripheral Dimensions – Aspects that apply through choice (education, marital status) External Factors – Aspects from our environments (community, politics) 40

Generalizations and Stereotypes Generalization Never applies to everyone in every situation Only a first “guess” Discard when no longer useful Stereotype Applies to everyone in every situation No exceptions Retained even when no longer accurate or useful 41

Primary and Secondary Cultures Primary culture is your individual culture Secondary is one within which you live/work Each organization has a set of assumptions, practices, beliefs, and values. We bring our primary cultures into the secondary culture A health organizational culture will allow for members to manage primary cultural differences 42

Culture and Conflict Culture affects negotiations The way we identify a conflict The way we respond to conflict The outcome we desire in negotiation 43

Cultural Continuums To Do To Be Earned status Achievement Individual Action Equality Immediate Family Self Reliance Independence Competition Guilt Future Ascribed Status Affiliations Stability Inequality Extended Family Rely on others Interdependence Cooperation Shame Past/Heritage Class Mobility 44

Cultural Considerations in Negotiation Direct and in-direct communication and conflict resolution Saving face and solving the problem Linear and circular thinking and communicating 45

What can you do? Know yourself in conflict Work to understand individuals as unique cultural beings Make an effort to understand the interests of others Remember that negotiation is a constant process of introspection and change 46

Thank You Elizabeth Z. Waetzig, JD Change Matrix, LLC 485 Maylin St. Pasadena, CA 91105 626 -696 -3227 ewaetzig@changematrix. org 47