Negotiating Conflicts Eff Effectively ti l Agenda Agenda - PowerPoint PPT Presentation

Negotiating Conflicts Eff Effectively ti l

Agenda Agenda Agenda Agenda • Introductions • Introductions 1) Negotiation Characteristics 2) Approaches to Conflict 2) Approaches to Conflict 3) Issues, Positions, and Interests 4) Preparation for Negotiation ) p g 5) Managing Difficult People w/ whom you negotiate 6) Negotiating w/ people of different cultures Conflict Management Associates, LLC

What Exactly is Negotiation What Exactly is Negotiation y y g g Conflict Management Associates, LLC

What Exactly is Negotiation What Exactly is Negotiation y y g g Negotiation is – a form of communication in which someone is trying to resolve a conflict by persuading someone else to do something or to refrain from doing something. Conflict Management Associates, LLC

Characteristics of Negotiations Characteristics of Negotiations g • A A conflict to be resolved fli b l d • • Identifiable parties willing to negotiate Identifiable parties willing to negotiate • Authority to negotiate y g • An Acceptable range of settlement options • Parties prepared to move off positions Conflict Management Associates, LLC

Facets of Conflict Facets of Conflict Facets of Conflict Facets of Conflict • Communication Static • Fuel of Conflict Emotion • B d Bedrock Beliefs k B li f • History Conflict Management Associates, LLC

Dimensions of Conflict Dimensions of Conflict Dimensions of Conflict Dimensions of Conflict • Cognitive • Cognitive Perceptions Perceptions • Emotional Feelings g • Behavioral Actions Conflict Management Associates, LLC

Cognitive Dimension Cognitive Dimension Cognitive Dimension Cognitive Dimension A set of perceptions that our needs or interests are incompatible with somebody else’s Conflict Management Associates, LLC

Emotional Dimension Emotional Dimension Emotional Dimension Emotional Dimension Feelings we experience in reacting to a situation • Fear • Anger • Jealousy • Pain • Resentment • Hopelessness • Bitterness Conflict Management Associates, LLC

Behavioral Dimension Behavioral Dimension Behavioral Dimension Behavioral Dimension Actions we take to articulate those Actions we take to articulate those perceptions or to express those feelings to get our needs met to get our needs met Conflict Management Associates, LLC

Upshot Upshot Upshot Upshot • Lawyers usually aim for the behavioral y y dimension • If you address only one dimension, then the conflict most likely will not be resolved Conflict Management Associates, LLC

Circle of Conflict Circle of Conflict Circle of Conflict Circle of Conflict Data Conflicts Relationship Interest Conflicts C Conflicts fli t Value Value S Structural l Conflicts Conflicts Recreated with permission form CDR and Associates Greater Minnesota General Greater Minnesota General Mediation Training Conflict Management Associates, LLC

Comparison of Comparison of A A Approaches to Conflict Approaches to Conflict h h C C fli fli Active/ Competing Collaborating Assertive Compromising Compromising Inactive/ Avoiding Accommodating Unassertive Cooperative Uncooperative Conflict Management Associates, LLC

Conflict Style ‐ 1 Conflict Style ‐ 1 Conflict Style 1 Conflict Style 1 Cognitive: • Analytical vs. Intuitive • Linear vs. Holistic • Distributive vs. Integrative • • Outcome focused vs Process focused Outcome-focused vs. Process-focused Conflict Management Associates, LLC

Conflict Style ‐ 2 Conflict Style ‐ 2 Conflict Style 2 Conflict Style 2 Emotional: Emotional: • Enthusiastic vs. Reluctant • Emotional vs. Rational • Volatile vs. Unprovocable Conflict Management Associates, LLC

Conflict Style ‐ 3 Conflict Style ‐ 3 Conflict Style 3 Conflict Style 3 Behavioral: Behavioral: • Direct vs. Indirect • Dominant vs. Submissive • Threatening vs. Conciliatory Conflict Management Associates, LLC

Communication Skills Communication Skills Communication Skills Communication Skills • At the heart of both conflict and resolution is communication ! • GOOD NEWS: Communication skills can be learned, applied, and enhanced. l d li d d h d • • BAD NEWS: It’s harder than it appears BAD NEWS: It s harder than it appears Conflict Management Associates, LLC

Hearing vs. Listening Hearing vs. Listening Hearing vs. Listening Hearing vs. Listening HEARING IS PHYSIOLOGICAL LISTENING IS PSYCHOLOGICAL Conflict Management Associates, LLC

Essential Elements for Essential Elements for N N Negotiating Conflicts Negotiating Conflicts i i i i C C fli fli • Issues • • Positions Positions • Interests • Assumptions • Concessions • Alternative Plans Conflict Management Associates, LLC

Issue Issue Issue Issue Issue: What needs to be discussed and decided dec ded • How well do you listen to uncover the true issue? issue? • Issues are not always spelled out Conflict Management Associates, LLC

Issue Issue Issue Issue Issue: What needs to be discussed and decided • How well do you listen to uncover the true issue? • Issues are not always spelled out Example : “ I don’t care what you say I am taking this Example : “ I don t care what you say. I am taking this trip with my friends because you’re never home anymore.” Conflict Management Associates, LLC

Position Position Position Position Position: Demands, threats, fixed solutions, proposals, or points of view p oposa s, o po ts o e Conflict Management Associates, LLC

Position Position Position Position Position: Demands, threats, fixed solutions, proposals, or points of view p oposa s, o po ts o e Example: “I don’t care what you say I am Example: “I don’t care what you say. I am taking this trip with my friends because you’re never home because you re never home anymore.” Conflict Management Associates, LLC

Classes of Negotiations Classes of Negotiations Classes of Negotiations Classes of Negotiations • Those who wing it • Positional Bargainers • Interest Based Negotiators Conflict Management Associates, LLC

Approaches to Negotiation Approaches to Negotiation Approaches to Negotiation Approaches to Negotiation A. Winging it Preparation required: None B. Those who come prepared: 1 1. Positional Bargaining ( PB ) Positional Bargaining (“PB”) 2. Interest-Based Negotiation (“IBN”) g ( ) Conflict Management Associates, LLC

Approaches to Negotiation Approaches to Negotiation Approaches to Negotiation Approaches to Negotiation Interest Based Negotiation (“IBN”) Interest ‐ Based Negotiation (“IBN”) P Positional Bargaining (“PB”) iti l B i i (“PB”) 1. Negotiators are problem ‐ solvers 1. Negotiation is inherently competitive 2 2. Resources may be expandable; be Resources may be expandable; be creative 2. Resources are limited: win/ you lose 3. Negotiators’ interests can be independent independent 3. All that counts is TODAY 4. GOAL: a fair, mutually agreeable 4. GOAL: Win as much as you can solution 5. Style: Bluff, threaten, and 5. Style: Share information, seek to satisfy other party’s interests disclose as little as possible Conflict Management Associates, LLC

Winging It Winging It Winging It Winging It Well, I, er…uh, what does your Is this the client WANT Anderson case anyway ? y y or the Johnson case?? Conflict Management Associates, LLC

World View of World View of P Positional Bargainers P Positional Bargainers i i i i l B l B i i • Negotiations are inherently competitive • I win, you lose • Concessions indicate weakness C i i di k • Goal is to get as much as possible • Goal is to get as much as possible Conflict Management Associates, LLC

Bargaining Ploys Bargaining Ploys Bargaining Ploys Bargaining Ploys Conflict Management Associates, LLC

Positional Bargaining Positional Bargaining Positional Bargaining Positional Bargaining Yah, so like I asked my mom if I could get a pet … and I told her that what I really wanted was a that what I really wanted was a Boa Constrictor !! You should have seen her You should have seen her face…she was so freaked that a cat seemed like a great idea when I suggested it after that !! when I suggested it after that !! Conflict Management Associates, LLC

Perspective of Perspective of I Interest ‐ Based Negotiators I Interest ‐ Based Negotiators B B d N d N i i • Negotiators are problem-solvers • Parties’ interests can be inter-dependent • Be tough on the problem easy on people Be tough on the problem, easy on people • Goal is to find a solution that satisfies all parties’ priority needs Conflict Management Associates, LLC

Interest Interest Interest Interest Interest: What really matters to both parties? Why is …X… a problem? y s a p ob e Conflict Management Associates, LLC

Interest Interest Interest Interest Interest: What really matters to both parties? Why is …X… a problem? y s a p ob e Example: “I don’t care what you say I am Example: “I don’t care what you say. I am taking this trip with my friends because you’re never home because you re never home anymore.” Conflict Management Associates, LLC