Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Check Lists...

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000

Check Lists For Each Phase

Because we have reconfigured the phases, these older slides are not fully aligned with the phases in the current slide set. However, each activity--preparing, opening, exploring, focusing and agreeing--is encompassed in the new configuration.

Check Lists


Inadequate preparation -- Phase I

Accept positional mandates from constituents

Focus only on the members of the two bargaining teams

Overestimate your power/underestimate others’

Being either too trusting or too cautious with advanced sharing of data

Phase I: Overview


Phase I: Preparation checklist

Identify stakeholders and potential issues Assess stakeholder interests on each issue Identify potential mutual gains options Clarify constituent mandates on each issue

Be direct on tough issuesReframe positional mandates into interests

Analyze power realities on each issue Establish target, fall-back and BATNAs for each issue

and anticipate same for other side Explore opportunities for joint data collection

Phase I: Overview

Ask “What are the core interests -- ours and others?”


Risky opening -- Phase II

Define the problem too narrowly or too broadly

Unyielding position No clear indication of priorities Minimize/ignore other’s stated

positions/interests Overt threats or no indication of

alternatives

Phase II: Overview


Phase II: Opening checklist

Clear definition of problem Firm on interests, flexible on solutions Acknowledge other’s interests Recognize power realities Construct agreements on ground rules,

bargaining plan, and joint data collection

Phase II: Overview

Be able to answer the question, “Why?”


Unconstructive exploration -- Phase III

Boundaries set by opening positions Communication only channeled through

spokespeople Incomplete notes/language not written

out Unilaterally or prematurely rejecting

options Not communicating constraints on

exploration

Phase III: Overview


Phase III: Exploration checklist

Review boundaries on scope of exploration (constituent expectations, time constraints, etc.)

Consider separate brainstorming prior to joint brainstorming

Encourage “out of the box” thinking Generate many options Build on mutual gains possibilities Keep separate “parking lots” for questions about

feasibility and criteria to measure success

Phase III: Overview

Ask “What other options can we identify?”


Unconstructive exploration -- Phase III

Boundaries set by opening positions Communication only channeled through

spokespeople Incomplete notes/language not written

out Unilaterally or prematurely rejecting

options Not communicating constraints on

exploration

Phase III: Overview


Phase III: Exploration checklist

Review boundaries on scope of exploration (constituent expectations, time constraints, etc.)

Consider separate brainstorming prior to joint brainstorming

Encourage “out of the box” thinking Generate many options Build on mutual gains possibilities Keep separate “parking lots” for questions about

feasibility and criteria to measure success

Phase III: Overview

Ask “What other options can we identify?”


Ineffective focusing -- Phase IV

Wait for others to take the first step Jump to a single solution -- cutting a

deal Push without reasons Impose self-serving criteria Ignore points made by others Make final demands

Phase IV: Overview


Phase IV: Focusing checklist

Determine that exploring is as complete as possible

Indicate that it’s time to focus toward agreement (step “into the void”)

Agree on fair criteria/standards (if possible) Consider “What if?” and “What about?”

scenarios Offer “supposals” and other potential solutions Build on interests, data, and points made by

others Propose potential linkages Establish fair criteria/standards Signal consequences of impasse -- BATNA

Phase IV: Overview

Ask “Can we at least agree that . . . ?”


Unstable agreements -- Phase V

Superficial consensus Only take into account the

“people in the room” Agreement easily undone by

unexpected or inconsistent actions

Phase V: Overview

Cutcher-Gershenfeld, McKersie and Peace, Negotiating Labor Agreements, PON, April 2000 Check Lists...

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