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Problem Solving Strategies: Principled Negotiations
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Anatomy of a Conflict: A Framework for Analysis
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Structural Interest Cognitive Emotional Core Concerns
Distribution of power & resources ‘Built-in’ structural inequalities Underlying interests, goals and objectives Beliefs Schemas Frames Fear Loss and grief Rage Pathology Goals Justice Integration or compromise Reframing Healing Conflict Management Techniques Revolution Re-distribution De-construction Negotiation / mediation compromise bargaining win-win Facilitated contact Truth-telling Public Acknowledge- ment Forgiveness
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Problems of Compromise
Claim Value Create Value Effectiveness Range Competitive Moves Cooperative Moves Divide Pie - Distribution Expand Pie - Joint Gains
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Negotiation Strategies
Hard Soft Principled
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Getting to Yes (Fisher and Ury)
Criteria Wise agreement (meets legitimate interests of both sides, resolves conflicting interests fairly, is durable, takes community interests into account) Efficient Improve relationship
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Method Separate the people from the problem
Focus on interests, not positions Generate a variety of possibilities before deciding what to do/invent options for mutual gains Insist the result be based on some objective standard
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Separate the people . . . Exploring perceptions/ step into their shoes
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Position - Predetermined solution. “What” you want
Interest - Your desires, needs, and concerns, underlying position.“Why” you want your solution
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Interests Based on . . . human need
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Principles Process Results Respect People
Use differences as a natural resource Separate people from the problem Good agreements Good relations Attack Problems Raise Discover Generate Test Against Develop Issues Interests Options Standards Agreements Respect People Emotions Communication Understanding Source: Adapted from Tomas Dunne. Center for Conflict Management. Internal Revenue Service.
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Selecting and Clarifying Issues
Gain agreement on what the issue(s) are Gain agreement on the sequence in which they will be addressed Identify data that needs to be considered to make high quality decisions Source: Fisher, Roger and Ury, William (1981). Getting to Yes: Negotiating Agreement Without Giving In. New York: Penguin Books.
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Eliciting interests WHY? Technique 1: Reflective Listening
“You’re concerned about . . .?” Technique 2: Chunking “If you were able to have your position, what benefits would accrue, what difference would it make, what would having it do for you . . .?” WHY?
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Expand the pie Invent before you decide
Brainstorm all possible solutions
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Test Options Against Standards or Objective Criteria
Fairness Workability Affordability Acceptability Examples:
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BATNA Best alternative to a negotiated agreement
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