Negotiation and Mediation Strategies for Academic Leaders

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Negotiation and Mediation Strategies for Academic
Leaders
Associated Colleges

• January 16, 2009

Clint Sidle Chester C. Warzynski Cornell
University
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Objectives

• An increased understanding of the principles and
  process of interest-based negotiation and
  mediation
• A systematic process for conducting an
  interest-based negotiation and third-party
  mediation

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What is Negotiation?

• an interpersonal decision-making process by
  which two or more parties attempt to reach
  agreement

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Features of a Negotiation

• Two or more parties
• Conflict of interest
• Parties attempt to influence each other
• Parties prefer to search for agreement
• Expect give and take
• Involves managing intangibles as well as tangibles

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Styles of conflict management

• Obliging
• Dominating
• Avoiding
• Compromising
• Integrating

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Managing Conflict Integrating

• Appropriate when
• Issues are complex
• Synthesis of ideas needed to produce better
  solutions
• Commitment from other parties needed
• Time available for problem-solving
• One party alone cannot solve the problem
• Both parties possess necessary resources

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Why Negotiate?

• Efficient
• Proactive
• Builds and maintains relationships
  (collaborative)
• Learning opportunities
• Reach more satisfactory and creative agreements
• Best way to represent your own interests

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Three Dilemmas

• What is the best way to avoid disagreement?
  Should I give in or sweep a problem under the
  rug?
• Assumption Avoiding disagreement is a good goal
  for a relationship.
• Should I risk the relationship to get what I
  want, or should I sacrifice my interests for the
  sake of the relationship?
• Assumption There is a tradeoff between
  substantive interests and a good relationship.
• Should I take the first step to improve the
  relationship, hoping the person will reciprocate,
  or should I wait and see what he/she does and
  respond accordingly?
• Assumption Reciprocity of some kind is a good
  guideline for how to treat people.)

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Negotiators Responsibilities

• 1) Obtain the best deal he or she can The
  biggest share of the pie. (distributive
  bargaining)
• Seek all the joint gains or mutual gains
  availablemake sure the pie is as large as it
  can possibly be. (integrative bargaining)
• Help manage the relationship between the parties.
  
• (attitudinal structuring)
• 4) Help manage the relationship between the
  negotiating team and its constituents.
  (intraorganizational bargaining)

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Kolb Learning Cycle



1
. Experiencing/Doing


What did I do?






2. Assessing/Feedback

4. Planning/ Theory


What were the results?

What will I do next?





3. Reflecting
Do I

own it, does it matter?




Adapted from Kolb, D. A. 1984. Experiential
learning Experience as the source of learning
and development. New Jersey Prentice-Hall.
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Developing a Model for Negotiation

• Five Steps to Developing Negotiation Skills
• Have a model of negotiation
• Get some feedback relative to that model
• Evaluate the feedback you receive
• Make a plan
• Work the plan

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Developing a Negotiation Model

• 1. What are the personal qualities (traits) of
  effective negotiators?
• 2. What competencies (skills) are necessary for
  effective negotiation ?
• 3. What actions do negotiators need to take
  before, during, and after a negotiation?

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Dialogue

• Definition Partnership in which people feel safe
  to explore issues openly without fear of being
  wrong
• History
• Indigenous people
• Greeks
• Quakers
• Self-help groups

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Dialogue

• The keys are
• Attitude, and
• Language
• Attitude
• Martin Buber, I and Thou
• Centrality of human relationships
• You are not just a means but an end -- Thou

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Dialogue

• Balancing Inquiry and Advocacy
• Advocacy
• Telling Collaboration
• Withdrawing Accommodating
• Inquiry
• How do I state my position without turning
  others off?
• How do I inquire into others while truly
  listening?

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Dialogue

• When at an impasse
• Ask for help I am feeling stuck do you have
  any ideas?
• Ask for new information Is there a way we can
  get more data on this?
• Reverse roles If you were in my place, what
  would you do?
• Encourage talking about barriers What about
  this situation is making an open exchange
  difficult?

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Dialogue and Conflict

• Ways of Dealing with Conflict
• Competing my way or the highway
• Collaborating two heads are better than one
• Compromising lets make a deal
• Avoiding Ill think about it tomorrow
• Accommodating It would be my pleasure
• Alternative Creative and collaborative resolution

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Defensive Behaviors

• Blaming They are idiots
• Denying I dont have any problems
• Rationalizing She acts that way because she is
  immature
• Repressing I dont know why I always feel so
  angry
• Displacing I go home and kick the dog
• Conflicts are difficult. Defensive behaviors
  protect our feelings but do little to resolve the
  conflict or build relationships.

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Hard v. Soft v. Interest-Based Negotiation


Search for the

Search for the single
Develop multiple
single answer

answer the one they
options to choose
the one you will
will accept

from decide later

accept

Insist on your
Insist on agreement

Insist on using

position

objective criteria

Try to win a

Try to avoid a

Try to reach a result
contest of will

contest of will

based on standards
independent of will

Apply pressure

Yield to pressure

Yield to principle,

not pressure


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Methods of Interest-Based Negotiations

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

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Separate the People from the Problem

• Understand others point of view
• Dont blame others for your problem
• Discuss one anothers perceptions
• Make proposals consistent with others values
• Make emotions explicit and acknowledge them
• Allow others to let off steam
• Dont react to emotional outbursts
• Listen actively and acknowledge what is being
  said
• Speak to be understood

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Focus on Interests, Not Positions

• Realize that each side has multiple interests
• Look for concerns that motivate people
• Talk about interests in specific terms
• Acknowledge one anothers interests
• Talk about what you want to happen in the future
• Be concrete but flexible
• Be hard on the problem, soft on the people

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Invent Options for Mutual Gain

• Invent options by brainstorming
• Broaden your options by looking at the specific
  and general
• Look through eyes of different experts
• Invent options of different strengths
• Identify shared interests
• Dovetail differing interests
• Do what you can to make the others decision easy
  for them

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Insist on Objective Criteria

• Develop standards and procedures
• Frame each issue as a joint search for criteria
• Reason and be open to reason as to which
  standards are appropriate
• Never yield to pressure, only to principle

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Examples of Objective Criteria

• Market Value
• Prevailing Wage/Price
• Various Price Indices
• Cost of Living
• Precedent
• Scientific Judgment

• Professional Standards
• Legal Decisions
• Moral Standards
• Equal Treatment
• Tradition
• Community Practice

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Principles Parties Use To Help Them Reach
Agreement

• Precedent and pattern
• Reciprocal concessions
• Prominence or salience of the solution the
  split the difference rule
• Equity and effort appeals to fairness
• Needs
• Use of principle
• Third-party reference

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BATNA Best Alternative To a Negotiated Agreement

• Another approach to the bottom line
• How do you determine a BATNA? Ask yourself two
  questions
• 1. What will you have if you dont reach
  agreement?
• 2. Will what you have if you dont reach
  agreement be better than what you get if you do
  reach agreement?

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Interest-Based Negotiation Process
1. What are your interests and needs in this
situation? 2. Here are my interests and needs in
this situation? 3. What criteria or conditions
must any solution or option meet to be
acceptable? (Examples of important criteria or
conditions include the following helps the
department, improves the workplace climate,
stimulates cross-functional work, furthers the
mission and goals of the county, etc.) 4. What
ideas or options could satisfy both our interests
and needs and result in a win-win situation for
us? 5. What are the consequences of not solving
this problem or getting our needs met?
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A Toolbox of Useful Phrases

• Please correct me if Im wrong
• I appreciate what youve done.
• My concern is to support you by doing my job.
• Trust is a separate issue.
• Could I ask you a few questions to see whether
  my facts are right?

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• Whats the principle behind your action?
• Let me see if I understand what youre saying.
• Let me get back to you.
• Let me show you where I have trouble following
  some of your reasoning.
• One fair solution might be
• If we agreeif we disagree
• Its been a pleasure working with you.

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EI and Negotiations

• n The questions you should be asking in your
• preparation and throughout the actual negotiation
• are
• n IDENTIFY EMOTIONS How am I feeling? How is the
• other person feeling?
• n USE EMOTIONS How do I want to feel? How do I
• want the other to feel?
• n UNDERSTAND EMOTIONS What is causing the
• current feelings and what might I say or do to
  create
• the feelings I want for myself and for the
  other(s)?
• n MANAGE EMOTIONS What am I able to about it?
• What am I willing to do about it?

Charles J. Wolfe Associates
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Critique of Interest-Based Negotiations

• Do I care about the long-term relationship?
• Can we always ignore trust?
• Can I always take larger interests into account?
• Can I really reduce bluff and other positional
  tactics from negotiations?
• I may want to pursue interests, but suppose my
  boss doesnt?
• Can I ignore the balance of power?
• Suppose it really is a zero-sum game?

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Third Party Intervention

• The goal of a third-party intervention is to
  resolve a dispute.
• Mediators influence the process seek to have
  others develop and endorse the agreement
• Arbitrators determine the outcome they have the
  power to render a binding decision

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What Can a Third Party Do to Assist?

• Reduce Tension
• Control the number of issues
• Enhance communication
• Establish common ground
• Highlight desirability of criteria
• Determine outcome of a dispute

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Mediation Effectiveness

• Identifying issues
• Uncovering interests and concerns
• Setting agendas
• Packaging, sequencing, and prioritizing agenda
  items
• Interpreting and shaping proposals
• Making suggestions for possible settlements

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Final Musing . . .

• A divine spark lives in every thing and being,
  but each spark is enclosed by an isolating shell.
  Only we can liberate it . . . by holding holy
  converse with the thing, and using it in a holy
  manner . . . The task of every person . . . is
  to affirm . . . the world and himself and by this
  very means to transform both.
•   Martin Buber, The Way of Man