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 horizon
• Develop “walk away” alternative

Trust:
• A two-sided coin: trusting, being trusted
• A shared problem
• Some assume trustworthiness
• Some assume untrustworthiness

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
and counter-offers.
• Notice questions particularly.

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.”

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.”

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.”

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.”

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

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

Worker’s Comp Deal
Business Labor
Dr. Choice
Managed Care
Indexed Benefits
Safety Comm./
Inspectors

Worker’s Comp Deal
Business Labor
Dr. Choice Yes
Managed Care Yes
Indexed Benefits No
Safety Comm./ No
Inspectors

Worker’s Comp Deal
Business Labor
Dr. Choice Yes No
Managed Care Yes No
Indexed Benefits No Yes
Safety Comm./ No Yes
Inspectors

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

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

Tools for Mutual Gain
• Interests not positions
• Priorities traded across differences
• Fair process norms
• Objective criteria
• Trust through authentic communication

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

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.

Invent Options for Mutual Gain
• Brainstorm method of advancing parties’
interests
• Invent first, then decide
• Link differences, priorities
• Maximize shared interests

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

Separate Problem from the People
Be firm on fair outcomes
– Trade cooperation
– Reason, be open to reason
– Results need a fair, reasonable basis

Problem Solving Negotiation
“Good luck and good negotiating,
Dave Landis
dlandis2@unl.edu