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Alternative Dispute Resolution

Alternative Dispute Resolution

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Alternative Dispute Resolution

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  1. Alternative Dispute Resolution Module 8

  2. Alternative Dispute Resolution • to identify a resolution mechanism that results in win-win scenarios • to analyze the role of power in dispute resolution • to identify negotiation techniques • to analyze a negotiation process Objectives: Module 8

  3. Alternative Dispute Resolution “If you come to help me, then you are wasting my time. But if you come here because your liberation is bound up in mine, then let us begin.” Lily Walker Module 8

  4. Elements of Solutions • conflict management VS elimination • alternative solutions VS contest • shared responsibility for win-win VS win-lose scenario Module 8

  5. Areas of Potential Conflict in RED • within or between community-based organizations • between community-based organizations and Government Module 8

  6. “On a certain set of issues, for a defined period of time, those with authority to make a decision and those who will be affected by the decision are empowered to jointly seek an outcome that accommodates rather than compromises the interests of all concerned.” Government of British Columbia Shared Decision-Making Module 8

  7. Process Design • The parties design and develop the process, becoming involved in the following: • assessing the appropriateness of the approach • negotiations • implementation • monitoring and evaluation Module 8

  8. Power Effects • Power is the capacity to produce an intended effect. • A reliance on power leads to a hardening of positions. • The use of power creates imbalances and is a major factor in determining solutions. Module 8

  9. Understanding Power • Power may be: • real or perceived; • obvious or hidden; or • stated or inferred. • Goal: • bring balance to create cooperative environment Module 8

  10. Understanding Power (contd) • Power may have a formal, legal, personal, or knowledge basis. • Power may result from money, racial affiliation, age, or emotional manipulation. Module 8

  11. Participants’ Input 8.1 Module 8

  12. Approach Violence, non-violent direct action, legislation Results win-lose scenario enforcement based on power feeling of oppression Negotiation Continuum Module 8

  13. third party makes a decision based on submissions win-lose scenario little support for implementation Negotiation Continuum (contd) Litigation and/or arbitration Module 8

  14. third party plays a process role third party ensures open and continuous communication expansion of range of possible solutions ownership of outcomes empowerment redistribution of authority shared commitment and responsibility for implementation saving of time and money Negotiation Continuum (contd) Mediation, conciliation, negotiation Module 8

  15. depends on goodwill of parties environment of mutual trust best for addressing minor issues Negotiation Continuum (contd) Informed problem- solving Module 8

  16. win-lose scenario passive approach no indication of agreement no indication of support or interest Negotiation Continuum (contd) Avoidance Module 8

  17. Principles/Tactics for Negotiating 1. Separate the people from the problem. 2. Focus on interests, not positions. 3. Invent options for mutual gain. 4. Know your best and worst scenarios. 5. Respect the opinions of all. 6. Empathize, do not sympathize. Module 8

  18. Qualities of a Negotiator • demonstrates an ability to listen deeply and accurately; • works to build trust and facilitates communication; • works beyond perceptions and questions assumptions; He/she: Module 8

  19. Qualities of a Negotiator (contd) • ensures discussions deal with interests VS positions; • looks for imaginative and innovative solutions; • looks for mutually acceptable outcomes; • asserts the point of view of constituents; • is prepared; and • remains open to solutions. Module 8

  20. Participants’ Input 8.2 Module 8

  21. Preparation • Identify existing levels of agreement. • Know as much as possible about the opposing party. • Identify other possible options for a resolution. Information gathering Module 8

  22. Information gathering (contd) • Know about any third parties. • Know the importance of relationships and outcomes. • Know the locations and times of meetings. Module 8

  23. Establishment of Expectations Try to establish: • commitment to the process; • the authority of negotiators; • a mutual desire for an acceptable outcome; • ground rules; • a positive, future-focussed tone; and • areas of agreement. Module 8

  24. Definition of Issues • Table all issues before negotiations start to build trust, eliminate surprises. • Avoid stating positions. • Recognize interests and clarify information. • Emphasize common areas. Module 8

  25. Options and Solutions • Avoid putting forward lists of demands which prevent generating solutions that result in “win-win” situations. • Generate as many options as possible. • Identify those that maximize mutual gains. Module 8

  26. Negotiation Table • Ensure all stakeholders have a seat (be inclusive). • Ensure negotiators have authority from their constituencies. • Build in opportunities for negotiators to consult with their constituencies so that agreements will hold. Module 8

  27. Negotiation Table (contd) • Provide opportunities for exploratory talks. • Reach agreements on spokespersons. • Initial partial agreements. Module 8

  28. Participants’ Input 8.3 Module 8