Conflict Resolution: Starting Point for Reform One MN Legislative Conference 2012 David Landis

Problem Solving Model Mess Identify problems Agree on problem Identify solutions Evaluate solutions Implementation plan

Legislative Model Consent to the governed- elections Majority rule- legitimacy Rule of Law- outputs

Consensus Building Model Convener Initial Stakeholders Neutral Process Manager Selected Rethink Stakeholders Stakeholder Analysis

Consensus Building (cont.) Stakeholder Analysis motivations, preferences, resources Joint session Single text procedure seek criticism, improve

Consensus Building (cont.) Process manager completes single text Stakeholders asked: “Can you live with this?”

Role #1 Your mother says, “Go to the store. Bring me an orange. You come home without an orange and you’ll be in trouble.”

Role #2 Your mother says, “Go to the store. Bring me an orange. You come home without an orange and you’ll be in trouble.”

Role #3 Your mother says, “Go to the store and bring me an orange. Family is coming over tomorrow, I’m going to peel the orange and cut up the pulp for a fruit salad. Bring me an orange or you’ll be in trouble.”

Role #4 Your mother says, “Go to the store, bring me an orange. Family is coming over tomorrow. I’m going to peel the orange and grate the peel to flavor some orange bread I’m making. Bring me an orange or you’re in trouble.”

5 into 2 No division of items No side deals Must divide all five between you Divide in 2 minutes or get nothing Item: –5 crisp $1,000 bills

5 into 2 All the same rules Items: –2 tickets, great concert –Designer jacket –Glider flight over Grand Canyon –Elegant fine French meal and wine for 2 –Martha Stewart cooks and cleans

Worker’s Comp Deal BusinessLabor Dr. Choice Managed Care Indexed Benefits Safety Comm./ Inspectors

Worker’s Comp Deal BusinessLabor Dr. ChoiceYes Managed CareYes Indexed BenefitsNo Safety Comm./ Inspectors No

Worker’s Comp Deal BusinessLabor Dr. ChoiceYesNo Managed CareYesNo Indexed BenefitsNoYes Safety Comm./ Inspectors NoYes

Worker’s Comp Deal BusinessLabor Dr. ChoiceYes 1No Managed CareYes 2No Indexed BenefitsNo 3Yes Safety Comm./ Inspectors No 4Yes

Worker’s Comp Deal BusinessLabor Dr. ChoiceYes 1No 3 Managed CareYes 2No 4 Indexed BenefitsNo 3Yes 1 Safety Comm./ Inspectors No 4Yes 2

Shared Interests – valued alike An 800 phone number for workers’ rights. Better enforcement against companies without work comp. Informal dispute resolution method. Higher contribution from unsafe businesses.

Tools for Mutual Gain Interests before positions Priorities traded across differences Fair process norms Objective criteria Trust through authentic communication

Conflicting Interests Definition: –Valued alike, in opposition (money is the most common Strategy –Use objective criteria to insure fair results

Complementary Interests Definition: –Elements valued differently –Need at least two to link Strategy –discover, link, maximize

Shared Interests Definition: –Valued alike, good for both Strategy –Discover, maximize –No need to link

Talk late Debate often Start with solutions Start with positions Narrow options Talk early Talk often Start with problem Start with interests Generate options

Invent, then evaluate Stakeholders interact Neutral process manager Search for standards What can you live with? Constant evaluation Stakeholders do not Partisan process manager Search for votes What do you want?

Problem Solving Negotiation “Good luck and good negotiating.” Dave Landis

Focus on Interests before Positions Interests = underlying motivations –The answer to “why?” Positions = “yes or no” options –The answer to “how much?” Focusing on interests induces problem solving because they are flexible and create satisfaction.

Invent Options for Mutual Gain Brainstorm method of advancing parties’ interests Invent first, then decide Link differences, priorities Maximize shared interests

Use Objective Criteria Learn marketplace Frame dispute as a joint search for fair standards Adjust standards for unique circumstances Open with an offer you can justify

Separate People from the Problem Be unconditionally cooperative on process –Good listening –Fair characterizations –Symbolic gestures

Separate Problem from the People Be firm on fair outcomes –Trade cooperation –Reason, be open to reason –Results need a fair, reasonable basis