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Negotiating with Difficult People Victoria Pynchon, ADR Services, Inc .
Businesses do not have legal problems Only lawyers have legal problems Businesses have business problems With People concerns And Justice Issues
Why do people seek the services of
 
Injustices that the law will rectify are dwarfed by the injustices it will not.  We generally consider non-actionable injustices to be  frivolous claims. The  parties’ complaints almost always include non-actionable injustices which laws, rules, standards, best practices, policies, procedures, and even folkways cannot address.  World of  Injustice Injustices the  law will remedy
Relative Benefits  v.  Absolute Numbers
[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
THE BASICS OF CONFLICT “Time is what keeps everything from happening at once” Stephen Hawking
Conflict is a Perceived  divergence of interests  or   the belief that the current aspirations of the parties cannot be  simultaneously met
Scarce Resources ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],“ Innovate, don’t litigate (contend)”  Jonathan Schwartz,  CEO Sun Microsystems
Persuasion Exercise ,[object Object],[object Object],[object Object]
Relative deprivation Injurious Event Perceptions Self interest/desire Other interest/desire Conflict’s Source Resources Values Dispute = Immediate Manifestation of Conflict Naming Blaming Claiming Tactics Yielding Avoiding Contending Problem Solving Tit for Tat Start nice Be Provokable Be Forgiving
Tactics Malcolm Gladwell, Outliers Yielding/Avoiding Negative for yielder Nothing changes for other in a blind approach for landing through clouds where the first officer is convinced that the plane is heading against solid mountain rock all he says is “I am not sure if we have established our gliding path with necessary precision”.
Contentious Tactics Ingratiation & gamesmanship Threat, promises & arguments Shaming Coercive Commitments Physical Violence Win-lose Resolution unstable
Malcolm Gladwell, Outliers Problem Solving Satisfies some of both parties’ interests Resolution is stable
End of  Part I

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Negotiating With Difficult People Part One

  • 1. Negotiating with Difficult People Victoria Pynchon, ADR Services, Inc .
  • 2. Businesses do not have legal problems Only lawyers have legal problems Businesses have business problems With People concerns And Justice Issues
  • 3. Why do people seek the services of
  • 4.  
  • 5. Injustices that the law will rectify are dwarfed by the injustices it will not. We generally consider non-actionable injustices to be frivolous claims. The parties’ complaints almost always include non-actionable injustices which laws, rules, standards, best practices, policies, procedures, and even folkways cannot address. World of Injustice Injustices the law will remedy
  • 6. Relative Benefits v. Absolute Numbers
  • 7.
  • 8.
  • 9. THE BASICS OF CONFLICT “Time is what keeps everything from happening at once” Stephen Hawking
  • 10. Conflict is a Perceived divergence of interests or the belief that the current aspirations of the parties cannot be simultaneously met
  • 11.
  • 12.
  • 13. Relative deprivation Injurious Event Perceptions Self interest/desire Other interest/desire Conflict’s Source Resources Values Dispute = Immediate Manifestation of Conflict Naming Blaming Claiming Tactics Yielding Avoiding Contending Problem Solving Tit for Tat Start nice Be Provokable Be Forgiving
  • 14. Tactics Malcolm Gladwell, Outliers Yielding/Avoiding Negative for yielder Nothing changes for other in a blind approach for landing through clouds where the first officer is convinced that the plane is heading against solid mountain rock all he says is “I am not sure if we have established our gliding path with necessary precision”.
  • 15. Contentious Tactics Ingratiation & gamesmanship Threat, promises & arguments Shaming Coercive Commitments Physical Violence Win-lose Resolution unstable
  • 16. Malcolm Gladwell, Outliers Problem Solving Satisfies some of both parties’ interests Resolution is stable
  • 17. End of Part I