Transcript Conflict Resolution

Looking for Another Way:
Improving Our Skills in Conflict Resolution
and Agreement-Making
Michigan State University Extension
State & Local Government Programs
for
Victor Institute for Responsible Land Development and Use
Environmental Management & Remediation Certificate Program
Gary D. Taylor
Extension Specialist
State & Local Gov’t Programs
Mike Kovacic
Regional Director
MSUE East Central Region
What do these words mean to you?
Conflict
Negotiate
Consensus
Policy (policymaking)
Conflict
“The opposition of persons or forces
resulting from incompatible or
opposing ideas, interests, needs, or
external or internal demands”
Negotiate
“to confer with another so as to
arrive at the settlement of
differences”
Consensus
“the judgment arrived at by most of
those concerned after consultation”
Policy (policymaking)
“a definite course of action selected
from among alternatives and in light
of given conditions to guide and
determine present and future
decisions.”
What do these have in common?
Communications (you, me, others)
Interests (mine, yours, others)
Outcome (the need to come away with
something; a plan, an agreement, a policy,
etc.)
Process
there)
(some method for getting
Today’s workshop:
What it is not
A “bag of tricks” for winning arguments
Ways to get the “upper hand” in
negotiations
Today’s workshop
What it is
A framework for understanding group dynamics
A strategy for communicating in difficult
situations
A simple approach for avoiding unproductive
conflict
A way to deal with all the messy human dynamics
we want to avoid, but can’t (and shouldn’t)
Simple, efficient, no-waste
The Arm Exercise
Objective
Get as many points
for yourself as
possible
Rules
20 seconds
Eyes closed
No talking
You get one point
for each touch of
their hand to the
table
Arm Exercise assumptions
It’s about winning (a win/lose scenario)
It’s about power (the strongest wins)
It’s familiar (“I’ve done this before.”)
It doesn’t require communication
(“I know what the rules are.”)
Your description of
negotiation, policymaking,
consensus building, group dynamics, etc
Lack of knowledge/information
(knowledge = power; there’s never enough)
Suboptimal results
(missed opportunities; protracted disputes)
Uneasiness/discomfort
(“What does the result say about me?”)
Emotions
(Yours & theirs. Always in the way.)
Sally Soprano
(A simulation exercise)
Theater and singer negotiate for
performances
Pair up
One represents theater, other Sally
15 minutes preparation time
25 minutes negotiating time
Debriefing
The common elements, again
Communications (you, me, others)
Interests (mine, yours, others)
Outcome (the need to come away with
something; a plan, an agreement, a policy, etc)
Process (some method for getting there)
Understanding (that pretty good is good
enough
The “Mutual Gains” Approach to
negotiation, consensus building,
conflict resolution, group dynamics, etc.
Simple and efficient
Focuses on the issue, not the people
Relies on effective communication
Creatively explores options
Creates legitimate solutions
Builds good working relationships
1. Prepare
Understand your goal/mandate
Assess alternatives (yours and theirs)
What happens if we can’t agree?
Improve your alternatives, if possible
Gather information
Understand interests (yours and
theirs)
Examples of “Positions” vs. “Interests”
My position is…
My interest is…
“I won’t pay a penny over $3,000
for this car.”
I need to have money left over in
case I need repairs
“$5,000 per month salary is my
bottom line”
I can’t make any less and pay my
bills.
“$5,000 per month salary is my
bottom line”
Its only fair that I receive what
the other company engineers are
receiving.
“This policy is not in the best
interests of the community.”
-It will take more manpower than
what we can afford
-We don’t see how it will produce
results
2. Create Value
COMMUNICATE!!!
Explore interests on all sides
Generate options that “make the pie
larger”
Seek shared interests
Think outside the box
The rules of brainstorming apply
Suspend criticism
Listen without judging
Creating, capturing value
Recognize that value can be found in your differences
Sources of
Value
Capturing Value
Different predictions
of future events
“if…then” agreements
Different time
horizons
“sequential” agreements
Different aversions to “insurance” agreements
risk
Using interests to generate options
Position
Interest
Sales price
Risk averse
Salary
Needed income
Salary
Fairness/self-worth
Against policy
Cost
Against policy
Question outcomes
Solution
Using interests to generate options
Position
Interest
Sales price
Risk averse
Salary
Needed income
Salary
Fairness/self-worth
Against policy
Cost
Against policy
Question outcomes
Solution
Warranty
Using interests to generate options
Position
Interest
Solution
Sales price
Risk averse
Warranty
Salary
Needed income
Monetary packages
Salary
Fairness/self-worth
Against policy
Cost
Against policy
Question outcomes
Using interests to generate options
Position
Interest
Solution
Sales price
Risk averse
Warranty
Salary
Needed income
Monetary packages
Salary
Fairness/self-worth
Title, parking space
Against policy
Cost
Against policy
Question outcomes
Using interests to generate options
Position
Interest
Solution
Sales price
Risk averse
Warranty
Salary
Needed income
Monetary packages
Salary
Fairness/self-worth
Title, parking space
Against policy
Cost
Shared resources;
other efficiencies
Against policy
Question outcomes
Using interests to generate options
Position
Interest
Solution
Sales price
Risk averse
Warranty
Salary
Needed income
Monetary packages
Salary
Fairness/self-worth
Title, parking space
Against policy
Cost
Shared resources;
other efficiencies
Against policy
Question outcomes
Program evaluations
One view…
I win, you lose
You win, I lose
Another view…
Other’s
Satisfaction
Level
3. “Distribute” value
Develop objective criteria for
measuring a “good outcome”
Measure success systematically
“Success” satisfies all interests
No one feels taken
Behave in ways that build trust
Act with consideration of future
relationships
What is a “good outcome”?
Winning
You “get more” than they do?
You get the better of them?
Not losing (maintain the relationship)
They walk away feeling good?
You avoided conflict?
The problems with these
“good outcomes”
Winning
Builds ill-will
Competition may lead to achieving 0
Not losing
Rewards bad behavior
Sets you up as the easy mark
Anything short of death…
Using objective criteria
Issue
Criterion
Sales price
Book value
Sales price
Comparables
Salary
Industry survey
Against policy
Program evaluation
Against policy
Performance
budgeting
Sally Soprano
What were Sally’s important
interests? The Lyric’s?
What criteria best reflected these?
4. Build commitments
Think as much about implementation
as substance
Commitments that are…
Well planned,
Understandable,
Realistic,
operational
Implementation tools
Ground rules
Agreements (informal)
Contracts (formal)
Plans
Ordinances, resolutions (policymaking
instruments)
Use of “neutrals”
Organizational arrangements
Periodic review/monitoring
Homelessness in Niceville
Setting policy priorities through
grant funding
Break into groups of six
20 minutes preparation time
45 minutes negotiating time
Debriefing
Think about interests, options, creating
value, using objective criteria
Recap
“Winning” is..
Understanding that pretty good is good
enough
Satisfying interests
Yours well
Others acceptably
Building good working relationships
No one feels taken
Recap
“Power” is…
A good understanding of everyone’s
interests
The ability to think creatively
The ability to communicate effectively
Legitimacy, achieved through the
persuasiveness of fair criteria
Recap
The “outcome” should…
Be the product of a fair process
Be the result of a creative process
Be reached efficiently
Be as nearly self-enforcing as possible
Resources
Collaborative Approaches: A Handbook for Public
Policy Decision-Making and Conflict Resolution.
Oregon Dispute Resolution Commission, 2000.
Fisher and Ury, Getting to Yes: Negotiating
Agreement Without Giving In. Penguin Books (2nd
ed.) 1991.
Susskind, Using Assisted Negotiation to Resolve
Land Use Disputes. Lincoln Land Institute, 1998.
Ury, Getting Past No: Negotiating Your Way From
Confrontation to Cooperation. Bantam Books, 1993.
The Harvard Program on Negotiation:
http://www.pon.org