June 13, 2008 Neos Mini-Conference Kathryn Arbuckle John A. Weir Memorial Law Library/ Association of Academic Staff University of Alberta Let’s Make a

Neos Mini-ConferenceJune 13, 2008

Kathryn ArbuckleJohn A. Weir Memorial Law Library/

Association of Academic StaffUniversity of Alberta

Let’s Make a Deal: Negotiating in Everyday Life

& Work

June 13, 2008 Neos Mini-Conference

Negotiating: Everybody does it

• Negotiations are a part of everyday life:– Family members– Friends & neighbors– Co-workers & employers– Commercial transactions

• Some negotiations are formal – Many are informal – Some are not recognized


Before You Begin

• What do you value? • What outcome do you want?

– Is there more than one way to fulfill your objective? Know your interests.

• What is the relationship between the parties? Is it in itself an interest of value?– How much harm to the relationship would

you accept in order to get what you want?


Negotiating Strategies

High Relationship High Relationship Low Outcome High Outcome ACCOMMODATING COLLABORATIVE Lose to win Win – win

COMPROMISE Split the Difference

AVOIDING COMPETITIVE Lose-lose Win at all costs Win – lose Low Relationship Low Relationship Low Outcome High Outcome


Avoidance

• Lack of interest in the outcome or in the relationship – is there a counter-proposal?

• If no counter-proposal –possibly a negative attitude to the outcome and/or the relationship

• May also imply a conflicting commitment


Accommodation

• Accommodation as a choice• Patterns in relationships may reflect

implicit negotiations:– E.g., Alternating turns

• Social Exchange Theory (the fast version)– Continuing relationship over time– Exchanges balance over time– Not always equal – status can matter


Competition

• Approach negotiation as if a zero-sum game: a winner and a loser

• Ignores shared interests• “Hard Ball” Negotiating: win at any

cost• Can be appropriate in some

circumstances• Consider the relationship factor before

starting a competition


Compromise

• Split the Difference• How do you know what the

“Difference” is?– Use of Fair, External Standards, e.g.,

valuations or appraisals– First slice, Second pick

• Is it a satisfactory outcome? All the time?


Collaborative Negotiations

• Invests in the outcome and in the relationship

• Takes time• Requires creativity and open-

mindedness• Approaches negotiation as shared

problem-solving exercise• Harvard Negotiation Project &

Principled Negotiation


Getting to Yes

• Getting to Yes: Negotiating Agreement Without Giving In, (2nd ed.) Fisher, Ury & Patton

• Four Principles for Collaborative Negotiation Method

• Applied in wide range of negotiations: personal matters, business matters, international politics & diplomacy


1. Separate the People from the Problem

• ‘Hard on the problem, soft on the people’

• The emphasis is on building, strengthening and preserving ongoing relationships.

• Importance of respect• Deal with perceptions and emotions• Critical: Clear Communication &

Listening


Perceptions & Emotions

• Filling in the blanks – What you know about someone– What you think you know about someone

• Emotions escalate rapidly – Be wary• Check your baggage at the door• Don’t pick up someone else’s baggage• Focus on interests & relationships


Communication

• Active listening techniques• Paraphrasing & repeating back• Work at building shared meaning• Talking takes time & energy


2. Focus on Interests, Not Positions

• A position is something you have already decided.

• The interest is why you made that decision.

• Often more than one way to address the interest.

• There are often compatible or shared interests as well as opposing ones.


3. Invent Options for Mutual Gain

• “Expand the pie before dividing it”– Brainstorming to invent options– Avoid premature criticism and

premature closure– Need for solutions that appeal to self-

interest of both sides• Look for areas of shared interest• Look for mutual gains


4. Fair Standards to Resolve Conflict

• Use of fair measures and process• Independent criteria or measures

– Market value - Precedent– What a court would decide - Efficiency– Professional standards - Tradition– Scientific judgment - Reciprocity– Equal treatment - Costs– Moral standards - Etc.


Procedure as Fairness

• Importance of fair procedures to resolve conflicts– First Slice, Second Pick

• Options include:– Taking turns– Drawing lots (equal opportunity /

chance)– Letting someone else decide

(arbitration)


Power & Negotiating

• Power imbalance makes negotiating more challenging – not impossible

• Power as authority• Power as resources• Power as information• Power as moral / social justice


Setting a Limit – the BATNA

• Using a “Bottom Line” – Fixed or flexible?– Closed or creative?

• BATNA – Best Alternative to a Negotiated Agreement

• What is the best available alternative that you have?

• Your BATNA has to be known, not speculative


BATNA

• The better your BATNA, the less dependent you are on reaching agreement

• To develop your BATNA:– Invent a list of actions to take if no deal is

reached– Convert best ideas into practical alternatives– Select the one that seems best

• Judge the deal by your BATNA


Moving to Merit

• How to get the other party to focus on interests, not positions

• Three basic approaches:– You concentrate on merits (what you can

do)– Negotiation “jujitsu”

• Do not reject – deflect: ask what the interests are• Look behind their position to the principles• Invite criticism and advice, rather than

acceptance or rejection


Dirty Tricks

• Several ways to respond:– Ignore it– Response in kind– Turn it into a negotiation over the

process• Recognize it• Raise it explicitly• Question it’s legitimacy & desirability, i.e.,

make them negotiate the rules of the game


Remember the Principles:

• Separate the people from the problem

• Focus on interests, not positions• Invent options for mutual gain• Insist on using objective criteria


Questions

Documents

June 13, 2008 Neos Mini-Conference Kathryn Arbuckle John A. Weir Memorial Law Library/ Association of Academic Staff University of Alberta Let’s Make a