1. Organizational Processes for TPP: Session 6
Negotiations and Dispute
Resolution

2. Session Design (3 hours)
Welcome and Overview (5 min.)
Mango Systems Negotiation and Discussion (90 min.)
Break (10 min.)
Strategic Negotiations and Interest-Based Bargaining (60 min.)
April 2nd Simulation Logistics (15 min.)

3. A Five Step Negotiations Model
I. Prepare
What does the
word “negotiations”
mean to you?
What are examples
of negotiations
situations relevant
to technology
policy?
II. Open
III. Explore
IV. Focus
V. Agree
Note: This model is from the seminar on “Negotiating Labor Agreements” offered through the Program on Negotiation at the
Harvard Law School in co-sponsorship with MIT – program co-chairs: Joel Cutcher–Gershenfeld and Robert McKersie

4. Mango Systems Simulation
Process Overview:
– Step 1 (before class):
Prepare for negotiations
– Step 2 (10 – 15 min.):
Meet in groups of people all with the same role – clustered in small groups of 2-3 people for final preparation focused on your opening statements
Assignments to pairs for negotiations
– Step 3 (30 – 45 min.):
Negotiate in pairs – reach agreements if you can
– Step 4 (30 – 45 min.):
Discussion

5. Mango Systems Discussion
Negotiations Substance
Agreements reached
Open issues
Nature of the issues
Compare and Contrast Experience in Sub-Groups A, B and C

6. Mango Systems Discussion (cont.)
Negotiations Process
Five phases
Preparation
Technical preparation; Social preparation
Opening
Framing, including last-minute mandates
Exploring
Understanding interests and generating options
Focusing
Establishing linkages, ranges and architecture
Agreeing
Recording agreement; Anticipating implementation
Communications dynamics throughout

7. Thinking About Conflict
As conflict -- difference -- is here in the world, as we cannot avoid it,
we should, I think, use it. Instead of condemning it, we should
set it to work for us.
why not? What does the mechanical engineer do with friction? Of
course his chief job is to eliminate friction, but it is true that he
also capitalizes friction. The transmission of power by belts
depends on friction between the belt and the pulley. The friction
between the driving wheel of the locomotive on the track is
necessary to haul the train. All polishing is done by friction. The
music of the violin we get by friction. We left the savage state
mind on mind as a good thing.
So in business, too, we have to know when to try to eliminate
friction and when to try to capitalize it, when to see what work
we can make it do. That is what I wish to consider here,
whether we can set conflict to work and make it do something
for us.
Mary Parker Follett (Bureau of Personnel Administration Conference, 1925)

8. Conflict Resolution Systems
What are examples of conflict resolution processes in organization?
How are they inter-related with one another?
Key principle: Multiple Redundant Systems

9. Conflict Styles Competitors Accommodators Avoiders Quick fixers
Problem Solvers

10. Traditional bargaining tactics
Overstate your opening position
Always have a fall-back position
Commit to your position early and publicly
If you are a group, always use a single spokesperson
Give as little as possible for what your get
Never bargain against yourself
Mobilize support from your constituents
Exploit weaknesses in the other side
An agreement reluctantly accepted is a sign of success

11. Core assumption
Common interests
Competing interests

12. Positional and interest-based bargaining
My Positions
Others’ Positions
Zone of
Possible
Agreement
Based on
Positions
Range of Options
Based on Interests

13. Distinguishing interests and positions
Sample statements: Which are interest-based and which are positional?
Statement A: We are launching a new quality program and we expect the union to be a full partner
Statement B: We are implementing a new quality initiative, which is part of the ISO 9000:2000 international quality standard. We know that the input of the workforce – your members – is essential to any quality initiative. So, we really want your full participation. Also, active union participation in the ISO 9000:2000 efforts will send an important signal to our customers. What can we do to work together on this issue?
What do you notice when you compare these statements?

14. Issue analysis worksheet
My/Our Interests: What is important to the me/us on this issue?
Other’s Interests: What is important to other parties/stakeholders on this issue?
Power: What are some of the power realities in this scenario?
What are the best alternatives to an agreement (BATNA) for each party?
Options: What are some options to consider on this issue?

15. Strategic negotiations
What are examples of forcing, fostering and escape that
You have been in organizations?
How are they related to each other?

16. Sequencing Forcing and Fostering Strategies
What happens when forcing comes first?
What happens when fostering comes first?
What happens when both are going on at the same time?

17. Negotiation Strategy and Organizational Change
Change strategies and negotiation blind sides
Top-down re-engineering
Forcing process makes recovery afterwards difficult
Bottom-up process improvement
Fostering process makes subsequent conflict difficult
Pilot-experiment and diffusion
Diffusion depends on a combination of forcing and fostering