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Negotiation and Mediation
Georgia Association of Code Enforcement
Negotiation and Mediation (6 hours)
From interpersonal relationships with co-workers and employees to working with citizen groups, managers are negotiating either informally or formally, to some degree, on a daily basis. During this course, negotiation and mediation will be defined and compared. The factors that enable and hinder effective negotiation will be explored. Recommended alternatives to resolving complex and difficult issues will be presented. The steps to a successful negotiation process will be outlined and practiced with common code enforcement manager situations considered.
Course Description
• To learn the concept and some of the skills for negotiation and mediation.
• To practice using negotiation and communication skills to begin to solve a real world problem.
• To learn a model for building coalition by bridging interests.
Course Objectives
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Agenda9:00-9:30 Welcome and Introductions/Sign in
9:30-10:00 Why do you Need Negotiation Skills?Negotiation Theories
10:00-10:15 Break
10:15-12:00 Negotiation Theories in Practice
12:00-1:00 Lunch
1:00-2:45 Sign in/Mediation Strategies and Practice
2:45-3:00 Break
3:00-4:00 Negotiation Worksheet
4:00-4:30 Closing and Evaluation
Why Do You Need Negotiation Skills?
The process of conferring with another to in order to come to terms or reach an agreement.
---The American Heritage Dictionary
Negotiation Definition
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Negotiation is a technique of discussing issues among one selves and reaching to a conclusion benefiting all involved in the discussion. It is one of the most effective ways to avoid conflicts and tensions. When individuals do not agree with each other, they sit together, discuss issues on an open forum, negotiate with each other and come to an alternative which satisfies all. In a layman’s language it is also termed as bargaining.
--http://www.managementstudyguide.com/negotiation.htm
Negotiation Definition
Positional Negotiation
Interest-Based Negotiation
Negotiation Theories
Positional Negotiation Theory
Principle: Focus on positions not interests
Interest-Based Negotiation
Principle: Focus on interests not positions
Negotiation Theories
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Positions: Positions are specific proposals or solutions that a party adopts to meet his or her needs. They are prejudged and pre-selected outcomes that have not been through a negotiation process.
Examples:
• Things you say you want or do not want
• Demands
• Terms and Conditions
• Things you say that you will or won’t do
Definition of Positions
Interests: Underlying motivations, needs and concerns, fears and aspirations.
Examples:
• Quality of Life
• Respect
• Family Focus
Definition of Interests
Values
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“I oppose planning and zoning because I am
worried that it means Big Brother will be telling me
what I can or can’t do with my property. I am
worried that zoning will devalue the land I want to
sell.”
Interests: Positions:
Separating Positions from InterestsExamples
“As a newcomer to this county I demand zoning now! I don’t want strange people with mobile homes moving into my nice neighborhood. I want to maintain my property values and high standard of living.”
Interests: Positions:
Separating Positions from InterestsExamples
Separating Positions from InterestsExamples
“I don’t understand zoning. I’ve heard that people in the city have to get permission from their zoningoffice before they decide on a color to paint theirfront porch. I wonder how zoning will helpeconomic development and help maintain our smalltown quality of life.”Interests: Positions:
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Learning More about the Theories
Two Dollar Game
• Starts with a solution
• Parties propose solutions and make offers and counteroffers until they hit a solution that is acceptable to both of them or until they reach impasse• party starts high, concedes slowly, exaggerates the value of concessions,
minimizes the benefits of the other’s concessions, conceals information, argues forcefully on behalf of principles that imply favorable settlements, makes commitments to accept only highly favorable agreements, and is willing to outwait the other side.
• Often the solutions reached are less than satisfactory
Positional Negotiation Theory
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• Pie is limited; my goal is to get the biggest piece
• Win for you must be a loss for me
• We are opponents
• There is only one solution…MINE!
• Concession is a sign of weakness
• A deal today will not materially affect choices available tomorrow
Attitudes of Positional Negotiators
• Confrontation leads to rigidity
• Limited analysis of merits and limited development of alternatives
• Hard to predict outcome or to control process
• Blind to joint gains
• Future relations threatened
• More likely to encounter impasse and increased costs
• Other risks?
Risks of Positional Negotiation
• Starts with identifying underlying needs and interests
• Parties educate each other about their needs, and then jointly problem solve on how to meet those needs
Interest-Based Negotiation Theory
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• Focus on sharing information
• Goal is to create “win-win” outcomes
• Interests and needs of all parties must be addressed to reach agreement
• There are probably many good solutions
• We are cooperative problem solvers and the relationship is as important as the outcome
• We strive to be open, to communicate clearly, to share information, to cultivate common interests that exist between the parties
• Parties will benefit from a full discussion of each of their perspectives & interests
• We live in an integrated and complex world
• Problems can best be solved by applying our best intelligence and creativity
Attitudes of Interest-Based Negotiators
• Negotiator either gives in or adopts competitive stance
• Negotiator may see self as a failure if no agreement is reached
• Negotiator may make self vulnerable by honestly disclosing information
• Other risks??
Potential Risks of Interest-Based Negotiation
Identifying Interests: Maslow’s Hierarchy of Needs
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Other Interests: Human Needs and Wants
Freedom from:•Confusion and uncertainty•Domination•Pain or poor health
•- Hanna Ewing and Associates
Protection from loss of:•Status •Reputation•Time•Money•Opportunity•Freedom
Pleasure:
• Desire for comfort and convenience
• Companionship of others
• Participation in enjoyable activities
Profit:
Primarily, monetary gain
Other Interests: Human Needs and Wants
Pride:• Recognition
• Sense of belonging (not being isolated)
• Feelings of self-esteem
• Feeling respected
• Feeling equal to others
• Prestige in groups that are important
• Competence
• Approval of others
• Feelings of assurance
• Capable of accomplishing worthwhile goals; a sense of achievement
Other Interests: Human Needs and Wants
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Tips to uncovering interests:
• Put yourself in the other’s shoes.
• Ask, “Why?”
• Ask, “Why not? What would be wrong with…?”
Uncovering Interests
Three types of Needs in Negotiation:
• Substantive
• Procedural
• Psychological
Interest-Based Negotiation
Objective tangible needs that a party wishes to have satisfied or exchanged as a result of the negotiation
Example: More money
What else?
Substantive
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Needs regarding the process of resolving a dispute and the process of implementing settlement.
Example: the opportunity to be heard
What else?
Why is the procedure/process of negotiating important to people?
Procedural
Emotional needs that are to be met by the process and the outcome of the negotiation
Example: Respect
What else?
Why should emotional needs be addressed?
Psychological
Statement 1 If we don’t put that fire station in the low income community, I will not be responsible for the consequences.
Types of Interests
Substantive:
Procedural:
Psychological:
Identifying Types of InterestsIdentify the types of interests that might be behind the statements that these people are making.
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Identifying Types of InterestsIdentify the types of interests that might be behind the statements that these people are making.
Statement 2 “In spite of what the Mayor says, they will put that paint manufacturing plant in the community over my dead body!!!!”
(Statement by County Commissioner to the Press)
Types of InterestsSubstantive:Procedural:Psychological:
Identifying Types of InterestsIdentify the types of interests that might be behind the statements that these people are making.
Statement Each table should come up with a real life statement they have experienced.
Types of Interests
Substantive:
Procedural:
Psychological:
1. Preparations
2. Effective Communication
3. Emotional Control
4. Closing the Deal
Negotiation in Practice: Elements of Successful Negotiation
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1. Preparation
Preparation is the single most important element to a successful outcome. Preparation includes identifying the intended goal as well as setting limits to achieve that goal.
Negotiation in Practice: Elements of Successful Negotiation
Developing a Position of Strength
Establishing a Foundation for Success and Developing Confidence
Preparation Concepts
Set Goals
Define and Set Limits
Preparation Steps
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2. Effective Communication Skills
Effective communication plays a fundamental role in any interaction and is essential to successful negotiations. Effective communication skills include: the ability to listen and understand the intended message of the sender, clearly expressing your own thoughts and ideas in a way that is easily followed and understood by others, and finally, accurately interpreting the messages expressed through body language.
Negotiation in Practice: Elements of Successful Negotiation
• The ability to listen, without interference, to the message being delivered.
• Discussing a concept in an open, receptive manner that allows both sides to hear and understand the message and appropriately respond to that message in a constructive way.
• Assuring that discussion points are presented clearly so that the issue is accurately understood.
• Understanding that communication is not limited to what we can hear. It also includes body language - messages or responses sent through facial expressions, eyes and body. Correctly interpreting body language is challenging, yet necessary to accurately understand the message delivered by the sender.
Effective Communication Elements
Internal Distractions
External Distractions
Barriers to Active Listening
Discuss two additional examples that demonstrate active listening.
Active Listening
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• Ask questions that can help to identify key issues of the discussion.
• Use the information that was acquired during preparation to formulate questions that can narrow the issues of the discussion.
• Use appropriate terminology to facilitate an accurate understanding of the issues being discussed.
• Follow-up with questions that will require a more specific answer when responses are too general.
• Keep responses short and very specific to the question. Avoid inserting information that may be interesting, but not necessarily specific to the subject.
Clarity
• Fear of Rejection
• Hurt Feelings
• Distractions
• Lack of Time and Effort
Barriers to Clarity
Negotiating a Compromise
I see your point, however, don't you think that ...I'm afraid that's not true. Remember that ...Try to see it from my point of view.
I understand what you're saying, but ...Imagine for a moment that you are ...
Useful Phrases for Compromising
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Asking for Compromise
How flexible can you be on that?I’m ready to agree if you can ...If I agree, would you be willing to ...?We would be willing to ..., provided, of course, that ...Would you be willing to accept a compromise?
Useful Phrases for Compromising
3. Body Language
• Eyes
• Facial Expressions
• Position of the head, arms, and legs
• Body position/posture
Negotiation in Practice: Elements of Successful Negotiation
4. Emotional Control
Emotional control can play a pivotal role in successful negotiations. The higher the perceived stakes in a negotiating process, the greater the chance that emotions will play an important role in the final outcome.
Techniques to enhance emotional well-being become an important asset to insure an optimal outcome.
Negotiation in Practice: Elements of Successful Negotiation
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Understand personal strengths and weaknesses
“Time Out”
Demonstrate enthusiasm appropriately
Understand assertive and aggressive behavior
Learn to deal with frustration and discouragement
Dealing with difficult people
Discuss two examples of how to maintain emotional self-control.
Emotional Control
• Understanding personalities is a critical factor in any negotiation process.
• Aggressive bullying, rude, insensitive, passive/aggressive behavior or manipulation are examples.
• The ability to recognize specific personalities, and then implement tactics to neutralize the negative impact of that individual can significantly benefit the overall negotiation process.
Difficult People
• Encouraging participation
• Creating meeting norms
• Giving the benefit of doubt
• Taking time-outs
Give one tactic for successfully interacting with each of the following personality traits:
Bully Rude Know-it-all Passive
Tactics to Deal with Difficult People
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4. Closing the Deal
Final negotiations resulting in achieving the defined objective – or ‘closing the deal’ relies on the negotiator’s ability to recognize that all elements of the goals have been achieved and all that remains is to finalize the process to implement those goals.
Negotiation in Practice: Elements of Successful Negotiation
Empathy Responsibility Respect
Flexibility Fairness Personal Integrity
Patience Self discipline Sense of Humor
Stamina
What are other characteristics are important?
Why are all these characteristics necessary?
Characteristics of a Skillful Negotiator
Definition: Mediation is a dispute resolution process in which the disputants use an impartial person to assist them in discussing how to resolve their differences. The mediator helps the disputants negotiate with one another by facilitating communications, negotiations and problem solving until an agreement or settlement of the dispute is reached or the parties acknowledge impasse.
Mediation
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• Voluntary
• Informed consent
• Confidentiality
• Self-determination
Mediation Principles
Are you a mediator?When would you need to serve as a mediator?
Less formal: Substantive and procedural rules of law do not apply.
Faster: Can usually be scheduled and completed in a relatively short period of time.
More affordable: Often less costly than litigation.
More satisfying: Parties create the solutions that work for them.
More confidential: No records of pre-agreement discussion maintained.
Litigation vs. Formal Mediation
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Can address significant interests that cannot be resolved with legal remedies.
Voluntary: Even if mandated by judges, the parties may not be forced to reach an agreement.
Non-adversarial: Process does not seek to pit one party against another, but to help disputants discover common interests and mutually satisfactory solutions; can assist in preserving relationships.
Future oriented: Goal is not to assess blame but to solve problem(s).
Litigation vs. Formal Mediation
Can you be an Informal Mediator?
Roles and Responsibilities of the Mediator (Handout)
Tony F. Marshall, in "The Power of Mediation," stated that "Mediators are not neutral. They are purveyors of a certain attitude towards conflict - an outlook on life that stresses such things as nonviolence, cooperation, communication, rationality, self-control and empowerment."
Mediation Quarterly, Vol. 8 No.2, Winter 1990, Jossey Bass, Inc. Publishers
Mediation
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How A Mediator Works
A mediator must build a bond of trust with the parties – trust in the mediator’s neutrality and trust in the mediator’s ability to understand the issues and assist in the resolution of those issues.
Mediation
The Bridging Question
How can we _______________, while at the same time _______________?
Bridging Interests
Should we use drones in code enforcement?
Positions: Use them or Not use them Move beyond positions
Interests: Finding violations or citizen privacy
How can we _Find violations__, while at the same time __Ensuring privacy__?
Example
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Should we fire Mark for being late the last seven days? (Department is already short handed)
Positions: OR
Interests: OR
How can we ________while at the same time _________?
Example
Should I delegate the following tasks to Carol?
Positions: OR
Interests: OR
How can we ________while at the same time _________?
Example
Negotiation Worksheet
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Negotiation in the WorkplaceYour Top Three!
Learning to Action Forms
Evaluation Forms