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Problem Solving Negotiation
for Public Officials
Senator David Landis
Definition



A negotiation is a trade
     -”I’ll do Y, if you’ll do X.”
Two Strategy Options

• Seeking Advantage
• Seeking Joint Gain
Advantage Seeking

• Good short term results
• Hard to exploit
• Relatively easy to do
Advantage Seeking

• Hard on relationships
• Misses joint gain
• Breeds reciprocity
Joint Gain Seeking

• Expands the pie
• Benefits grow over time
• Builds relationships
Joint Gain Seeking

• Risks exploitation
• Takes more time and preparation
• Requires skill to be effective
Taming the Advantage Seeker

• Align your incentives
• Cooperation on terms is reciprocal, not
  individual
• Lift the hor...
Trust:

• A two-sided coin: trusting, being trusted
• A shared problem
• Some assume trustworthiness
• Some assume untrust...
Being Trustworthy

• Say what you mean, mean what you say
• Does not require full disclosure
• Worth its weight in gold
Trusting

• Operate independent of trust
• Reciprocal consequences
3 Characteristics of
Negotiation


• Recurring pattern


• Tension


• Asymmetrical information
Role #5 - Observer

• Don’t give away information or reactions
  – just watch.
• Watch for exaggerations, threats, offers
...
Role #1


Your mother says, “Go to the store. Bring
 me an orange. You come home without
 an orange and you’ll be in troub...
Role #2


Your mother says, “Go to the store. Bring
 me an orange. You come home without
 an orange and you’ll be in troub...
Role #3

Your mother says, “Go to the store and
 bring me an orange. Family is coming
 over tomorrow, I’m going to peel th...
Role #4

Your mother says, “Go to the store, bring
 me an orange. Family is coming over
 tomorrow. I’m going to peel the o...
5 into 2

• No division of items
• No side deals
• Must divide all five between you
• Divide in 2 minutes or get nothing
•...
5 into 2

• All the same rules
• Items:
 • 2 tickets, great concert
 • Designer jacket
 • Glider flight over Grand Canyon
...
Worker’s Comp Deal

                   Business   Labor

Dr. Choice

Managed Care

Indexed Benefits

Safety Comm./
Inspect...
Worker’s Comp Deal

                   Business   Labor

Dr. Choice         Yes

Managed Care       Yes

Indexed Benefits ...
Worker’s Comp Deal

                   Business   Labor

Dr. Choice         Yes        No

Managed Care       Yes        N...
Worker’s Comp Deal

                   Business   Labor

Dr. Choice         Yes   1    No

Managed Care       Yes   2    N...
Worker’s Comp Deal

                   Business   Labor

Dr. Choice         Yes   1    No      3

Managed Care       Yes  ...
Tools for Mutual Gain

• Interests not positions
• Priorities traded across differences
• Fair process norms
• Objective c...
Use Objective Criteria

• Learn marketplace
• Frame dispute as a joint search for fair
  standards
• Adjust standards for ...
Focus on Interests, Not
Positions
• Interests=underlying motivations
   – The answer to “why?”

• Positions=“yes or no” op...
Invent Options for Mutual Gain

• Brainstorm method of advancing parties’
  interests
• Invent first, then decide
• Link d...
Separate People from the Problem

Be unconditionally cooperative on process
  – Good listening
  – Fair characterizations
...
Separate Problem from the People

Be firm on fair outcomes
  – Trade cooperation
  – Reason, be open to reason
  – Results...
Problem Solving Negotiation

   “Good luck and good negotiating,


            Dave Landis
          dlandis2@unl.edu
Problem Solving Negotiations for Public Officials
Problem Solving Negotiations for Public Officials
Problem Solving Negotiations for Public Officials
Problem Solving Negotiations for Public Officials
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Transcript of "Problem Solving Negotiations for Public Officials"

  1. 1. Problem Solving Negotiation for Public Officials Senator David Landis
  2. 2. Definition A negotiation is a trade -”I’ll do Y, if you’ll do X.”
  3. 3. Two Strategy Options • Seeking Advantage • Seeking Joint Gain
  4. 4. Advantage Seeking • Good short term results • Hard to exploit • Relatively easy to do
  5. 5. Advantage Seeking • Hard on relationships • Misses joint gain • Breeds reciprocity
  6. 6. Joint Gain Seeking • Expands the pie • Benefits grow over time • Builds relationships
  7. 7. Joint Gain Seeking • Risks exploitation • Takes more time and preparation • Requires skill to be effective
  8. 8. Taming the Advantage Seeker • Align your incentives • Cooperation on terms is reciprocal, not individual • Lift the horizon • Develop “walk away” alternative
  9. 9. Trust: • A two-sided coin: trusting, being trusted • A shared problem • Some assume trustworthiness • Some assume untrustworthiness
  10. 10. Being Trustworthy • Say what you mean, mean what you say • Does not require full disclosure • Worth its weight in gold
  11. 11. Trusting • Operate independent of trust • Reciprocal consequences
  12. 12. 3 Characteristics of Negotiation • Recurring pattern • Tension • Asymmetrical information
  13. 13. Role #5 - Observer • Don’t give away information or reactions – just watch. • Watch for exaggerations, threats, offers and counter-offers. • Notice questions particularly.
  14. 14. Role #1 Your mother says, “Go to the store. Bring me an orange. You come home without an orange and you’ll be in trouble.”
  15. 15. Role #2 Your mother says, “Go to the store. Bring me an orange. You come home without an orange and you’ll be in trouble.”
  16. 16. Role #3 Your mother says, “Go to the store and bring me an orange. Family is coming over tomorrow, I’m going to peel the orange and cut up the pulp for a fruit salad. Bring me an orange or you’ll be in trouble.”
  17. 17. Role #4 Your mother says, “Go to the store, bring me an orange. Family is coming over tomorrow. I’m going to peel the orange and grate the peel to flavor some orange bread I’m making. Bring me an orange or you’re in trouble.”
  18. 18. 5 into 2 • No division of items • No side deals • Must divide all five between you • Divide in 2 minutes or get nothing • Item: –5 crisp $1,000 bills
  19. 19. 5 into 2 • All the same rules • Items: • 2 tickets, great concert • Designer jacket • Glider flight over Grand Canyon • Elegant, fine French meal for 2 • Martha Stewart cooks and cleans
  20. 20. Worker’s Comp Deal Business Labor Dr. Choice Managed Care Indexed Benefits Safety Comm./ Inspectors
  21. 21. Worker’s Comp Deal Business Labor Dr. Choice Yes Managed Care Yes Indexed Benefits No Safety Comm./ No Inspectors
  22. 22. Worker’s Comp Deal Business Labor Dr. Choice Yes No Managed Care Yes No Indexed Benefits No Yes Safety Comm./ No Yes Inspectors
  23. 23. Worker’s Comp Deal Business Labor Dr. Choice Yes 1 No Managed Care Yes 2 No Indexed Benefits No 3 Yes Safety Comm./ No 4 Yes Inspectors
  24. 24. Worker’s Comp Deal Business Labor Dr. Choice Yes 1 No 3 Managed Care Yes 2 No 4 Indexed Benefits No 3 Yes 1 Safety Comm./ No 4 Yes 2 Inspectors
  25. 25. Tools for Mutual Gain • Interests not positions • Priorities traded across differences • Fair process norms • Objective criteria • Trust through authentic communication
  26. 26. Use Objective Criteria • Learn marketplace • Frame dispute as a joint search for fair standards • Adjust standards for unique circumstances • Open with an offer you can justify
  27. 27. Focus on Interests, Not Positions • Interests=underlying motivations – The answer to “why?” • Positions=“yes or no” options – The answer to “how much?” • Focusing on interests induces problem solving because they are flexible and create satisfaction.
  28. 28. Invent Options for Mutual Gain • Brainstorm method of advancing parties’ interests • Invent first, then decide • Link differences, priorities • Maximize shared interests
  29. 29. Separate People from the Problem Be unconditionally cooperative on process – Good listening – Fair characterizations – Symbolic gestures
  30. 30. Separate Problem from the People Be firm on fair outcomes – Trade cooperation – Reason, be open to reason – Results need a fair, reasonable basis
  31. 31. Problem Solving Negotiation “Good luck and good negotiating, Dave Landis dlandis2@unl.edu
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