INTEREST-BASED NEGOTIATION

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INTEREST-BASED NEGOTIATION

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Interests – What do people really want?

Our position is the outcome I want to achieve.

Our interests are our underlying needs, desires, hopes, fears, and concerns.

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Interests – What do people really want?

The process we engage is a wide-ranging conversation.

Ask many open-ended, curious, and/or clarifying questions.

Demonstrate our interest in their interests.

Know our own interests and disclose them to others as appropriate.

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Options – What possible agreements exist?

This starts by redefining the problem under discussion.

We tend to name the problem in positional ways.

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Options – What possible agreements exist?

How do we do this?

We brainstorm.

We focus on interests.

We start from the interests and use them to frame the discussion of options.

We reframe our positions in terms of the underlying interests.

If someone names a position, reframe it as an option.

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Alternatives – What will we do if we can’t agree?

A key concept in integrative negotiation is the

BATNA: Best Alternative to a Negotiated Agreement.

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Alternatives – What will we do if we can’t agree?

Each party has their own alternatives, and these are not disclosed to the other party.

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Alternatives – What will we do if we can’t agree?

Unlike an option, an alternative does not require the consent of the other.

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Alternatives – What will we do if we can’t agree?

It is crucial that you know your BATNA and its consequences.

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Alternatives – What will we do if we can’t agree?

You should also think about the other’s BATNA and its consequences.

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Alternatives – What will we do if we can’t agree?

Use your BATNA to assess the options that are on the table.

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Alternatives – What will we do if we can’t agree?

You should also think about your worst alternative.

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Legitimacy – How will we know we are not being ripped off?

Use external standards or criteria to measure acceptability of outcomes.

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These standards may be objective or subjective.

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You will also want to address a range of fairness related to both process and outcome.

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Be prepared to explain the result of this thinking.

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You want to establish legitimate standards or criteria either before or after generating options, but always prior to assessing those options.

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Relationship – Am I ready to deal with the relationship?

You want to clearly separate the substantive problem from the relationship problems.

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Even if there is a relationship problem, it does not follow that that means the other person is the problem.

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Take the historical perspective: “What was the relationship like initially?”

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Clearly address the relationship problem.

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When you do have a solution, be clear about expectations.

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Communication – Am I ready to listen and talk effectively?

Communication is likely part of the problem, the means for solving the problem, and a part of the solution.

Balance talking and listening; use open-ended questions;

use active listening, paraphrasing, and reframing.

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You want to ensure that you are understanding the other

person and that you are being understood by the other person.

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There needs to be a balance between asserting your perspective and empathizing with the perspective of the other.

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There is a fundamental shift in perspective or

attitude that needs to ground the communication.

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Commitments – What commitments should I seek and make?

There are a number of process commitments to be made at the beginning and throughout the negotiation:

Negotiate in good faith Be an active participant

Make full disclosure in a timely way

Avoid defaulting to distributive/positional bargaining

Ensure you have the authority to negotiate and make decisions Provide accurate data

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There are a number of outcome commitments:

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Avoid premature commitments.

Identify the issues to be included in the agreement.

Report on progress toward agreement.

Refine your agenda as you move along.

Name those who need to be involved in the decision- making.

Draft the agreement together so that it is clear and comprehensive.

State expectations.

Issues to Consider

Experience with the process

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Issues to Consider

Personality and cultural differences

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Issues to Consider

Power Imbalances

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Issues to Consider

History between parties

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