Interest Based Bargaining Robert A. Kubiak Executive Director Trumbull County Children Services...
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Transcript of Interest Based Bargaining Robert A. Kubiak Executive Director Trumbull County Children Services...
Interest Based Bargaining
Robert A. Kubiak
Executive Director
Trumbull County Children Services Board
Interest Based Bargaining
A method of principled negotiations that is “hard” on the merits and
“soft” on the people.
Why Use Interest Based Bargaining?
Allows full discussion on difficult or complex issues
Promotes creative solutions Reduces confrontation Results in ownership and support of the
results Builds a closer working relationship
Traditional versus IBB
Written proposals Exaggerated positions Throw-a-ways Lead negotiator Selective information Horse trading issues
Issue list No positions, only
interests Real issues Team discussion Open sharing of
information Merit-based solutions
PATTS (P.A.S.T. Model)
PrinciplesAssumptionsTools and TechniquesSteps
Changing the Paradigm
FromPower-basedRights-basedToInterest-based
The 4 Principles of IBB
1. Focus on the issues not the personalities
2. Focus on interests not on positions
3. Create options to satisfy the interests
4. Evaluate the options with standards, not power and leverage
The 5 Assumptions of IBB
1. Bargaining enhances the parties’ relationship
2. Both parties can win in bargaining
3. Both parties should help each other win
The 5 Assumptions of IBB (continued)
4. Open and frank discussion expands the areas of mutual interests, and this in turn expands the options available to the parties
5. Mutually developed standards for evaluating options can move decision-making away from a reliance on power
Tools and Techniques
Active listening Idea charting Brainstorming Consensus decision-making
Skills for Constructive Communication
“Seek first to understand, then to be understood.”
-Stephen Covey
What are some qualities of good listener? The ability to not only listen to the
content of the message, but acknowledge the emotion behind it as well.
The capacity to receive the whole meaning by concentrating on the words, tone, gestures, and posture.
Tips to Active Listening
Learn to want to listen Stay focused on the speaker Control your emotional hot buttons Listen for the unsaid (feelings) as well
as the said
The C.O.R.R.E.C.T. MethodC Concentrate: focus on the substance
O Observe: body language
R Respond: communicate understanding
R Reflect: paraphrase or repeat
E Elicit: ask questions
C Control: your interruptions
T Take initiative: to listen first
Empathetic Listening
Listening with the goal to see things as others see them.
The ability to share in another’s emotion, thoughts and feeling.
Idea Charting
Title/label/and date each page Write or print largely and clearly Use a good marking pen Change colors Explain abbreviations
Idea Charting
Number topics in a series Number ahead Avoid editing or imposing your
ideas Never “flip” the flipchart Post each chart
Brainstorming
The free, uninhibited generation
of ideas.
Brainstorming Hints
Be free-wheeling Use imagination Take a risk Build on the ideas of others-
combining and expanding
Brainstorming Rules
Record each idea exactly as it was said
Clarify ambiguities Absolutely NO criticism
Consensus
A group reaches consensus when all members agree upon a single alternative.
Consensus
In consensus, each group member can honestly say:
“I believe that you understand my point of view and that I understand yours. Whether or not I prefer this decision, I support it because it was reached fairly and openly, and it is the best solution for us at this time”
Consensus guidelines
Listen actively Encourage participation Share information Do not agree too quickly Do not trade support No voting
The 70/100 Rule
When you, as an individual, are 70% comfortable that you can support the group’s decision 100%, then you are in consensus.
It is not always easy
Do not isolate or coerce any individuals who are not at 70%
The group needs differences to get the best solutions
Create a solution that can be supported
Getting Consensus
Individuals not at 70% have an obligation to offer alternatives (more options) which addresses their concerns and a solution that can be supported.
Understand Interest Based Bargaining
Steps The actual process Getting ready Protocols
The Steps of Interest Based Bargaining1. Issue
2. Interests
3. Options
4. Standards
5. Solution
Issue
The party raising the issue needs to: Explain it Provide background about it
Good solutions come from a good understanding of the issue
Cause and Effect Analysis
Cause and Effect analysis helps diagnose a problem - to trace it back to its root causes.
It is the root causes that need to be clearly identified and understood before a group begins to identify and implement solutions.
Cause and Effect Analysis
Ask yourself :
“What do you believe caused the problem to exist?”
and
“What has resulted from the problem existing?”
Interests
The purpose of negotiating is to satisfy your interests
If you want the team to take your interests into account, discuss them
Explain your interests so that all team members can understand them
Acknowledge each other’s interests Actively listen to all interests
If you want other team members to appreciate your interests, demonstrate that you appreciate theirs
Externalize your interests
Share information
Share all information
Focus on your interests
Do not announce a position on any issue - it will stop the process
Position versus Interest Focuses on a
particular solution Makes a demand Draws a line Sets up confrontation Ends or dampens
discussion
Focuses on problem Articulates one of the
range of needs Makes no valuations Establishing a climate
of understanding Allows the real issue
or problem to be discussed
Interest statements
Do not provide the solution to the issue
Open discussion and provides a basis for joint exploration of the issue
When you hear a position
Convert the position statement into interest statements
Peel off the positional layers
Tangible & Intangible Interests What you see What you say The measurable The quantifiable
What you do not see
What you do not say
Fears Beliefs Concerns
Options
Through the synergistic process of brainstorming, options are created to address the interests
Obstacles that inhibit the inventing of options Criticism Fear Impatience Confusion Single-best answer Staying-in-the-box
Standards
The parties need to agree on a set of factors which they will use to judge the options.
Standards
Feasible Beneficial Acceptable