This document discusses strategies for problem solving negotiations in the public sector. It outlines two main negotiation strategies: seeking advantage and seeking joint gain. Seeking joint gain is preferable as it expands opportunities for mutual benefit, builds relationships, and benefits the parties over time. Key aspects of seeking joint gain include identifying shared interests rather than positions, inventing options that advance all interests, separating the people from the problem, and using objective criteria and fair processes. Trust is also important and is developed through authentic communication and cooperation on fair terms.

1. Problem Solving Negotiation for Public Sector Leaders David Landis

2. Definition A negotiation is a trade -”I’ll do Y, if you’ll do X.”

3. Two Strategy Options Seeking Advantage Seeking Joint Gain

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

5. Advantage Seeking Hard on relationships Misses joint gain Breeds reciprocity

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

10. Being Trustworthy Say what you mean, mean what you say Does not require full disclosure Worth its weight in gold

11. Trusting Operate independent of trust Reciprocal consequences

12. 3 Characteristics of Negotiation Recurring pattern Tension Asymmetrical information

13. Role #5 - Observer Don’t give away information or reactions – just watch. Watch for exaggerations, threats, offers and counter-offers. Notice questions particularly.

15. 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.”

17. 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.”

19. 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.”

21. 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’ll be in trouble.”

22. 5 into 2 No division of items No side deals Must divide all five between you Divide in 2 minutes or get nothing Items: 5 crisp $1,000 bills

23. 5 into 2 2 tickets, great concert Designer jacket Glider flight over Grand Canyon Elegant, fine French meal for 2 Martha Stewart cooks and cleans All the same rules Items:

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

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

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

27. Worker’s Comp Deal Business Labor Dr. Choice Yes 1 No Managed Care Yes 2 No Indexed Benefits No 3 Yes Safety Comm./ Inspectors No 4 Yes

28. 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./ Inspectors No 4 Yes 2

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

30. 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

31. 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.

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

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

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

35. Better Group Practices… 1. Identify and agree on process norms 7. Visual display of information, 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

36. Problem Solving Negotiation “ Good luck and good negotiating, Dave Landis [email_address]