6. Joint Gain Seeking
• Expands the pie
• Benefits grow over time
• Builds relationships
7. Joint Gain Seeking
• Risks exploitation
• Takes more time and preparation
• Requires skill to be effective
8. Taming the Advantage Seeker
• Align your incentives
• Cooperation on terms is reciprocal, not
individual
• Lift the horizon
• Develop “walk away” alternative
9. Being Trustworthy
• Say what you mean, mean what you say
• Does not require full disclosure
• Worth its weight in gold
16. Role #5 - Observer
• Don’t give away information or reactions
– just watch.
• Watch for exaggerations, threats, offers
and counter-offers.
• Notice questions particularly.
17.
18. 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.”
19.
20. 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.”
21.
22. 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.”
23.
24. 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.”
25.
26. 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
27. 5 into 2
• All the same rules
• Items:
– 2 tickets, great concert
– Designer jacket
– Glider flight over Grand Canyon
– Elegant fine French meal and wine for 2
– Martha Stewart cooks and cleans
28. Worker’s Comp Deal
Business Labor
Dr. Choice
Managed Care
Indexed Benefits
Safety Comm./
Inspectors
29. Worker’s Comp Deal
Business Labor
Dr. Choice Yes
Managed Care Yes
Indexed Benefits No
Safety Comm./ No
Inspectors
30. Worker’s Comp Deal
Business Labor
Dr. Choice Yes No
Managed Care Yes No
Indexed Benefits No Yes
Safety Comm./ No Yes
Inspectors
31. 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
32. 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
33. Shared Interests – valued alike
• An 800 phone number for workers’ rights.
• Better enforcement against companies
without work comp.
• Informal dispute resolution method.
• Higher contribution from unsafe
businesses.
34. Tools for Mutual Gain
• Interests before positions
• Priorities traded across differences
• Fair process norms
• Objective criteria
• Trust through authentic communication
35. Conflicting Interests
• Definition:
– Valued alike, in opposition (money is the
most common
• Strategy
– Use objective criteria to insure fair results
38. Focus on Interests before 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.
39. Invent Options for Mutual Gain
• Brainstorm method of advancing parties’
interests
• Invent first, then decide
• Link differences, priorities
• Maximize shared interests
40. 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
41. Separate People from the Problem
Be unconditionally cooperative on process
– Good listening
– Fair characterizations
– Symbolic gestures
42. Separate Problem from the People
Be firm on fair outcomes
– Trade cooperation
– Reason, be open to reason
– Results need a fair, reasonable basis
43. Advantage Seeking comes
from…
• High aspiration
• Stingy asymmetrical concessions
• Insistent counteroffers
• Information manipulation & leveraging
44. The 7 Rules of Hard Bargaining
• Don’t make the first offer
• Don’t accept the first offer
• Don’t make the first concession
• Don’t concede the same size
45. The 7 Rules of Hard Bargaining
• Don’t concede at the same rate
• Ignore their deadlines, create your own
• Ask for something extra for agreement
46. Preferred Group Practices…
1. Identify and agree on 7. Visual display of information,
process norms options, etc
2. Facilitation, hear everyone 8. Listening for threads of
agreement
3. Create problem statement 9. Recasting solutions in
search of broad consensus
4. Learn interests and priorities 10. Late commitments, broad
consensus
5. Develop multiple options 11. Careful review of
agreement
6. Link differences for joint gain 12. Celebrate the agreement
