The document discusses alternative dispute resolution and principled negotiation techniques. It describes getting a wise agreement that meets both parties' interests rather than engaging in positional bargaining. It contrasts soft and hard negotiation styles and emphasizes the importance of separating people from the problem, focusing on interests rather than positions, inventing options for mutual gain, and insisting on objective criteria. Key strategies include identifying shared interests, looking for ways to expand options beyond a fixed-pie view, and putting oneself in the other party's shoes.

1. Alternative Dispute Resolution
Thomas G. Giglione
Partner | Business Development Leader of ATS LAW FIRM
thomas@atslegal.vn
Tel: 84-(0)1265539748

2. Getting to Yes

3. Wise Agreement
 Meets legitimate interests of each side
 Resolves conflicting interests fairly
 Is durable
 Takes community interests into account

4. Positional Bargaining
 Arguing over positions produces unwise
agreements
 Arguing over positions is inefficient
 Arguing over positions endangers ongoing
relationships

5. Soft vs. Hard Style
 Participants are friends
 Goal is agreement
 Make concessions to cultivate
relationship
 Soft of people and problem
 Trust others
 Change your position easily
 Make offers
 Participants are adversaries
 Goal is victory
 Demand concessions as condition of
relationship
 Hard on people and problem
 Distrust others
 Dig in to your position
 Make threats

6. Soft vs. Hard style
 Disclose your bottom line
 Accept one-sided losses
 Insist on agreement
 Avoid contest of will
 Yield to pressure
 Mislead as to you bottom line
 Demand one-sided gains
 Search for single answer you
will accept
 Insist on your position
 Try to win contest of will
 Apply pressure

7. Principled Negotiation
 Separate people from the problem
 Focus on interests not positions
 Invent options for mutual gain
 Insist on using objective criteria

8. Stages of Principled Negotiation
 Analysis
 Planning
 Discussion

9. Separate People from Problem
 Negotiators are people first
 Negotiator interested in:
1. Substance
2. Relationship
 Positions become entangled with the relationship

10. Solving People Problems
 Perceptions
1. Conflict exists in people’s heads
2. Put yourself in their shoes
3. Page 24 example
4. Don’t deduce intentions from your fears
5. Page 25 example
6. Don’t blame them for your problem
7. Discuss each other’s perceptions
8. Act inconsistently with their perceptions
9. Give them a stake in the outcome
10. Face-saving

11. Solving People Problems
 Emotions
1. Recognize your and their emotions
• Write down emotions and what you wish they were
1. Make emotions explicit/acknowledge as legitimate
2. Allow other side to let off steam
3. Don’t react to emotional outbursts
4. Use symbolic gestures

12. Solving People Problems
 3 Problems in Communication
1. Parties are not talking to each other
2. Not hearing the other side
3. Misunderstanding
 Solutions to Problems
1. Speak to be understood
2. Speak about yourself, not them
3. Speak for a purpose

13. Solving People Problems
 Prevention works best
1. Build a working relationship
 Arrive early, stick around afterwards
 Try to get to know other party
1. Face the problem, not the people
 Two sailors in a lifeboat

14. Focus on Interests, Not Problems
 Two men arguing over an open window in the
public library
1. I want fresh air
2. I don’t want a draft
 Solution - Open window in adjoining room

15. Focus on Interests, Not Problems
 Interests define the problem
1. Needs
2. Desires
3. Concerns
4. Fears
 Interests are the silent movers behind positions.

16. Why Does Reconciling Interests Resolve
Conflicts?
 For every interest, there likely exists several
possibilities to meet the interest
 For every opposed position, there likely are many
more interests than just the conflicting interests

17. Example: You rent a house
 What are you interests?
 What are the landlord’s interests?
 Is there common ground?

18. How do you identify interests?
 Ask “Why?”
1. Ask yourself that question
2. Perhaps ask the other side
 Ask “Why Not?”
1. What is the other side expecting me to ask?
2. Why won’t they give me what I want?

19. How do you identify interests?
 Realize each side has multiple interests
 The most powerful interests are basic human
interests
1. Peace/well-being/safety
2. Security
3. Recognition
4. Economic well-being

20. How do you identify interests?
 Make a list
1. You may re-write your description of various
interests as you learn more about them
2. Order them by importance, and be flexible to re-order
them as you learn more about them

21. How do you identify interests?
 Acknowledge their interests
 This gives opening to ask about other possible
interests
 Put the problem before your answer
1. Construction company example.
2. Your interests first/conclusions last

22. How do you identify interests?
 Look forward, not back
 Rather than ask about what happened yesterday, ask,
“Who should do what tomorrow?”
 Be concrete, but flexible - illustrative flexibility
 Be hard on the problem, soft on people
 Support & Attack - cognitive dissonance. Support people
equal to attacking problem

23. Invent Options for Mutual Gain
 Expand the pie - create new options

24. Expanding the pie

25. Expand the pie
Plus a slice

26. Obstacles that inhibit creating options
 Premature Judgment
 Searching for the single answer
 Assuming there is a fixed pie., Viewed as fixed or
zero-sum game
 Thinking solving their problem is their problem

27. Prescription for inventing options
 Separate inventing from deciding
1. Brainstorming session with friends
• Don’t criticize
• Don’t evaluate
• Find most promising solutions
• Improve on other good ideas
• Finalize list and evaluate
1. Consider brainstorming with other side

28. Circle Chart - page 68

29. Look for Mutual Gain
 Not a fixed pie of solutions
 Identify shared interests
1. Latent in every negotiation
2. Opportunities/not godsends
3. Stressing interests makes negotiations smoother
 Dovetailing differing interests page 74
 Ask for their preferences
 Low cost to me - high cost to them

30. Make their decision an easy one
 Whose shoes - who do you want to influence
 What decision- give them an answer rather than
a problem
 Threats are not enough
Understand how they will perceive the solution you suggest.
Put yourself in their shoes

31. Insist on Using Objective Criteria
 Fair Standards
 Fair Procedures -
1. dividing a piece of cake
2. Flipping a coin
3. Drawing lots
4. Third party chooses
5. Last best offer arbitration

32. Insist on Objective Criteria
 Make it a joint search for criteria
 Begin negotiations by agreeing on standard to be
applied
 Never yield to pressure

33. BATNA
 Best Alternative to a Negotiated Agreement
1. Not a bottom line - too inflexible
2. Plan ahead for BATNA
3. Use a trip-wire
 A BATNA is to help you avoid making a mistake

34. Thank you
Thomas G. Giglione
Mediation Services
Partner | Business Development Leader
ATS LAW FIRM
Mobile: 84-(0)1265539748
Email: thomas@atslegal.vn
Skype: dripmethod