Principled Negotiation Maureen Gauci 29 Sept 2013.

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Principled Negotiation Maureen Gauci 29 Sept 2013

Transcript of Principled Negotiation Maureen Gauci 29 Sept 2013.

Page 1: Principled Negotiation Maureen Gauci 29 Sept 2013.

Principled Negotiation

Maureen Gauci

29 Sept 2013

Page 2: Principled Negotiation Maureen Gauci 29 Sept 2013.

What is Negotiation?

• The parties in conflict attempt to resolve their issues on their own, without third party assistance

Queen's Fall 2012 M. Gauci

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When to Negotiate:

Trust levels between parties are decentCurrent or relatively untroubled historyLow or manageable power imbalancePhase of escalation is at productive level (or

slightly higher)able to strategically think through the

matters that will arise during the negotiation, and the potential outcomes of the negotiation

Queen's Fall 2012 M. Gauci

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Negotiation Styles

Soft (Co-operative) Hard (Competitive) Principled (IBN)Avoid conflict

Friends

Change positions easily

Concede generously

Avoid contests of will

Make concessions for the relationship

Back down to ultimatums

Win at all costs

Adversaries

Dig in to your position

Concede stubbornly

Win contests of will

Demand concessions to have a relationship

Make threats, ultimatums

Problem solve

Professionals

Focus on interests

Invent options

Use objective criteria

Separate people from the problem

Know each side’s best walkaway alternative

Queen's Fall 2012 M. Gauci

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Understanding Interests

Interests

Substantive

Interests

Procedural Interests

Psychological

Interests

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Principled Negotiator Assumptions:

Common interests are valued and sought

Interdependence is seen as positive Resources can be expanded through

cooperation The goal is a mutually agreeable

solution that is fair

Queen's Fall 2012 M. Gauci

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Negotiation Essentials

• Prepare your BATNA/WATNA and objective criteria

• Distinguish between the person and the problem (what are the issues?)

• Move from positions to interests• Develop multiple and creative options • Craft a thorough agreement-fair, wise,

enduring

Queen's Fall 2012 M. Gauci

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Separating people from the problem:

Human beings first and foremost with: Emotions, deeply held values and beliefs,

different backgrounds and viewpoints

Make working relationships work by: Building trust, understanding, and respect

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Common Interests

Queen's Fall 2012 M. Gauci

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The Differences Between…

Talking about Positions:

• Fail to listen – restate your position

• Focus on the past

• Focus on who to blame, who is right, wrong

• Identify the other person as part of the problem

• Go for the win

Talking about Interests:

• Actively listen to the other point of view

• Focus on the future

• Identify the problem and discuss what has to be done

• Tackle the problem together

• Clarify interests

• Use creative problem solving and option generation

Queen's Fall 2012 M. Gauci

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Positions

FOCUS ON INTERESTS; NOT POSITIONS

POSITIONS:• The ideal outcome from MY point

of view

• Usually stated as a demand

• One party is advantaged over the other

• Position is thrust on the other party with little or no opportunity or desire for understanding

• Limits options – but very important to hear

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Interests

INTERESTS:• Closely connected to values and

priorities

• Expressed as underlying wants, needs, fears, etc.

• Qualities that motivate our position

• Fundamental reasons behind positions not generally discussed - unless someone asks!

• Concerns, Hopes, Expectations, Assumptions, Perceptions, Priorities, Values, Impacts, Consequences (CHEAPP VIC)

FOCUS ON INTERESTS; NOT POSITIONS

Positions

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Needs

Basic Human Needs*: •Have fun, relax, play, be happy, peace

• Survive: physical, financial, emotional

• Power: respect, dignity, consultation,

• Success: competent, capable, recognition, purpose/meaning, important, autonomy

• Contribute: co-operate, collaborate

• Belonging: friends, family, workplace, social connection*

*As per Dr. William Glasser

Positions

Interests

FOCUS ON INTERESTS; NOT POSITIONS

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Some common interests:

• To be heard• To be consulted• To be respected• To co-operate, collaborate• To be treated fairly, equitably • To have stability• To trust, be trusted• To have flexibility

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Stage 1 - Preparation

• Think through the (potential) difficult conversation

• Identify the issues you believe need to be resolved

• What are your interests?• Develop your BATNA/WATNA• Determine applicable objective criteria• What are the interests for the other side?• Who (authority), How, Where?

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BATNABest Alternative to a Negotiated Agreement:

• Invent a list of actions you might conceivably take if no agreement is reached.

• Improve some of the more promising ideas and convert them into practical options

• Select, tentatively, the one option that seems best (the better your BATNA, the better your negotiating strength is)

Queen's Fall 2012 M. Gauci

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WATNA

Worst Alternative to a Negotiated Agreement

• WATNA is the worst case scenario against which any proposal should be measured

• WATNA is used to aid in decision-making when searching for solutions

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OBJECTIVE CRITERIA

• Examples of Fair Standards

• Examples of Fair Procedures

• Precedent

• Scientific judgment

• Professional standards

• Efficiency

• Costs

• What a court would likely decide

• Moral standards

• Equal treatment

• Tradition

• Reciprocity

• Coin toss

•Taking turns

•Drawing straws, cards etc.

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Stage 1 –Set the StageSome common ground rules:• All relevant information will be disclosed• All information will be kept confidential• Good faith will be demonstrated throughout the process• Parties will demonstrate active and respectful listening• Parties will use non-judgmental communication (no

accusing, blaming, name-calling etc.)• Agree on method for breaks and caucus (if necessary to

use this)• Settlement discussions are on a “without prejudice”

basis

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Stage 2: Stories

Each person gives their perspective on:

• The “what happened” conversation• Use “I” messages to remove blame and

maximize the opportunity to be heard.• Frame in neutral, non-blaming language.• Use CHEAPP VIC to frame your interests

From this stage will come the identification of issues

Queen's Fall 2012 M. Gauci

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Stage 2 - Issues

Separating People from the Problem: Focus on the subject matter of the problem Put yourself in their “shoes” to try and

understand their perceptions Be empathic and non-judgmental Look for opportunities to act inconsistently with

their perception of you Expect to determine differences of

opinion/value/expectation, etc. Use neutral framing– don’t make it personal!

Queen's Fall 2012 M. Gauci

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Stage 3 - Discussion

• When the parties communicate back and forth, looking toward agreement, the same four elements are the best subjects to discuss:

• Problems (people & other) can be acknowledged and addressed.

• Each side comes to understand the interests of the other.

• Both can then jointly generate options that are mutually advantageous

• Together they seek agreement on objective standards for resolving opposed interests.

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Generating Options

• Only when interests have been identified, should the search for solutions/options begin. Otherwise, the danger is what you are trying to “fix” may not actually be the problem…

• Avoid the assumption of the “fixed pie”

• Reality-check options to ensure they will stand the test of time and wisdom!

Queen's Fall 2012 M. Gauci

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Fair, wise and enduring Agreements

Any resulting agreement should always answer the questions:

? Who? What? How? When? Where, and? What if

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Queen's Fall 2012 M. Gauci

Obstacles• Time• Environment• Expectations of others• History• Competitive party• “Un-enlightened” i.e lack of training• Unclear expectations of process and parties• Lack of preparation• Power imbalances• Unaddressed Cultural Differences