1 / 33

Alternative Dispute Resolution

Alternative Dispute Resolution. Assistant Dean Funderburg Spring 2005. Getting to Yes. Wise Agreement. Meets legitimate interests of each side Resolves conflicting interests fairly Is durable Takes community interests into account. Positional Bargaining.

quasim
Download Presentation

Alternative Dispute Resolution

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Alternative Dispute Resolution Assistant Dean Funderburg Spring 2005

  2. Getting to Yes

  3. Wise Agreement • Meets legitimate interests of each side • Resolves conflicting interests fairly • Is durable • Takes community interests into account

  4. Positional Bargaining • Arguing over positions produces unwise agreements • Arguing over positions is inefficient • Arguing over positions endangers ongoing relationships

  5. Participants are friends Goal is agreement Make concessions to cultivate relationship Soft of people and problem Trust others Change your position easily Make offers Participants are adversaries Goal is victory Demand concessions as condition of relationship Hard on people and problem Distrust others Dig in to your position Make threats Soft vs Hard Style

  6. Disclose your bottom line Accept one-sided losses Insist on agreement Avoid contest of will Yield to pressure Mislead as to you bottom line Demand one-sided gains Search for single answer you will accept Insist on your position Try to win contest of will Apply pressure Soft vs. Hard style

  7. Principled Negotiation • Separate people from the problem • Focus on interests not positions • Invent options for mutual gain • Insist on using objective criteria

  8. Stages of Principled Negotiation • Analysis • Planning • Discussion

  9. Separate People from Problem • Negotiators are people first • Negotiator interested in: • Substance • Relationship • Positions become entangled with the relationship

  10. Solving People Problems • Perceptions • Conflict exists in people’s heads • Put yourself in their shoes • Page 24 example • Don’t deduce intentions from your fears • Page 25 example • Don’t blame them for your problem • Discuss each other’s perceptions • Act inconsistently with their perceptions • Give them a stake in the outcome • Face-saving

  11. Solving People Problems • Emotions • Recognize your and their emotions • Write down emotions and what you wish they were • Make emotions explicit/acknowledge as legitimate • Allow other side to let off steam • Don’t react to emotional outbursts • Use symbolic gestures

  12. Solving People Problems • 3 Problems in Communication • Parties are not talking to each other • Not hearing the other side • Misunderstanding • Solutions to Problems • Speak to be understood • Speak about yourself, not them • Speak for a purpose

  13. Solving People Problems • Prevention works best • Build a working relationship • Arrive early, stick around afterwards • Try to get to know other party • Face the problem, not the people • Two sailors in a lifeboat

  14. Focus on Interests, Not Problems • Two men arguing over an open window in the public library • I want fresh air • I don’t want a draft • Solution - Open window in adjoining room

  15. Focus on Interests, Not Problems • Interests define the problem • Needs • Desires • Concerns • Fears • Interests are the silent movers behind positions.

  16. Why Does Reconciling Interests Resolve Conflicts? • For every interest, there likely exists several possibilities to meet the interest • For every opposed position, there likely are many more interests than just the conflicting interests

  17. Example: You rent a house • What are you interests? • What are the landlord’s interests? • Is there common ground?

  18. How do you identify interests? • Ask “Why?” • Ask yourself that question • Perhaps ask the other side • Ask “Why Not?” • What is the other side expecting me to ask? • Why won’t they give me what I want?

  19. How do you identify interests? • Realize each side has multiple interests • The most powerful interests are basic human interests • Peace/well-being/safety • Security • Recognition • Economic well-being

  20. How do you identify interests? • Make a list • You may re-write your description of various interests as you learn more about them • Order them by importance, and be flexible to re-order them as you learn more about them

  21. How do you identify interests? • Acknowledge their interests • This gives opening to ask about other possible interests • Put the problem before your answer • Construction company example. • Your interests first/conclusions last

  22. How do you identify interests? • Look forward, not back • Rather than ask about what happened yesterday, ask, “Who should do what tomorrow?” • Be concrete, but flexible - illustrative flexibility • Be hard on the problem, soft on people • Support & Attack - cognitive dissonance. Support people equal to attacking problem

  23. Invent Options for Mutual Gain • Expand the pie - create new options

  24. Expanding the pie

  25. Expand the pie Plus a slice

  26. Obstacles that inhibit creating options • Premature Judgment • Searching for the single answer • Assuming there is a fixed pie., Viewed as fixed or zero-sum game • Thinking solving their problem is their problem

  27. Prescription for inventing options • Separate inventing from deciding • Brainstorming session with friends • Don’t criticize • Don’t evaluate • Find most promising solutions • Improve on other good ideas • Finalize list and evaluate • Consider brainstorming with other side

  28. Circle Chart - page 68

  29. Look for Mutual Gain • Not a fixed pie of solutions • Identify shared interests • Latent in every negotiation • Opportunities/not godsends • Stressing interests makes negotiations smoother • Dovetailing differing interests page 74 • Ask for their preferences • Low cost to me - high cost to them

  30. Make their decision an easy one • Whose shoes - who do you want to influence • What decision- give them an answer rather than a problem • Threats are not enough Understand how they will perceive the solution you suggest. Put yourself in their shoes

  31. Insist on Using Objective Criteria • Fair Standards • Fair Procedures - • dividing a piece of cake • Flipping a coin • Drawing lots • Third party chooses • Last best offer arbitration

  32. Insist on Objective Criteria • Make it a joint search for criteria • Begin negotiations by agreeing on standard to be applied • Never yield to pressure

  33. BATNA • Best Alternative to a Negotiated Agreement • Not a bottom line - too inflexible • Plan ahead for BATNA • Use a trip-wire • A BATNA is to help you avoid making a mistake

More Related