Looking for Another Way: Improving Our Skills in Conflict Resolution and Agreement-Making Michigan State University Extension State & Local Government

Looking for Another Way: Improving Our Skills in Conflict

Resolution and Agreement-Making

Michigan State University ExtensionState & Local Government Programs

for

Victor Institute for Responsible Land Development and UseEnvironmental Management & Remediation Certificate

Program

Gary D. Taylor Mike KovacicExtension Specialist Regional Director

State & Local Gov’t Programs MSUE East Central Region

What do these words mean to you?

ConflictNegotiateConsensusPolicy (policymaking)

Conflict

“The opposition of persons or forces resulting from incompatible or opposing ideas, interests, needs, or external or internal demands”

Negotiate

“to confer with another so as to arrive at the settlement of differences”

Consensus

“the judgment arrived at by most of those concerned after consultation”

Policy (policymaking)

“a definite course of action selected from among alternatives and in light of given conditions to guide and determine present and future decisions.”

What do these have in common?

Communications (you, me, others)

Interests (mine, yours, others)

Outcome (the need to come away with something; a plan, an agreement, a policy, etc.)

Process (some method for getting there)

Today’s workshop:

What it is not

A “bag of tricks” for winning arguments

Ways to get the “upper hand” in negotiations

Today’s workshop

What it isA framework for understanding group dynamicsA strategy for communicating in difficult situationsA simple approach for avoiding unproductive conflictA way to deal with all the messy human dynamics we want to avoid, but can’t (and shouldn’t)Simple, efficient, no-waste

The Arm Exercise

ObjectiveGet as many points for yourself as possible

Rules20 secondsEyes closedNo talkingYou get one point for each touch of their hand to the table

Arm Exercise assumptions

It’s about winning (a win/lose scenario)It’s about power (the strongest wins)It’s familiar (“I’ve done this before.”)It doesn’t require communication

(“I know what the rules are.”)

Your description of negotiation, policymaking,

consensus building, group dynamics, etc

Lack of knowledge/information(knowledge = power; there’s never enough)

Suboptimal results(missed opportunities; protracted disputes)

Uneasiness/discomfort(“What does the result say about me?”)

Emotions (Yours & theirs. Always in the way.)

Sally Soprano (A simulation exercise)

Theater and singer negotiate for performances

Pair upOne represents theater, other Sally15 minutes preparation time25 minutes negotiating timeDebriefing

The common elements, again

Communications (you, me, others)

Interests (mine, yours, others)

Outcome (the need to come away with something; a plan, an agreement, a policy, etc)

Process (some method for getting there)

Understanding (that pretty good is good enough

The “Mutual Gains” Approach tonegotiation, consensus building,

conflict resolution, group dynamics, etc.

Simple and efficientFocuses on the issue, not the peopleRelies on effective communicationCreatively explores options Creates legitimate solutionsBuilds good working relationships

1. Prepare

Understand your goal/mandateAssess alternatives (yours and theirs)

What happens if we can’t agree?

Improve your alternatives, if possibleGather informationUnderstand interests (yours and theirs)

Examples of “Positions” vs. “Interests”

My position is… My interest is…

“I won’t pay a penny over $3,000 for this car.”

I need to have money left over in case I need repairs

“$5,000 per month salary is my bottom line”

I can’t make any less and pay my bills.

“$5,000 per month salary is my bottom line”

Its only fair that I receive what the other company engineers are receiving.

“This policy is not in the best interests of the community.”

-It will take more manpower than what we can afford-We don’t see how it will produce results

2. Create Value

COMMUNICATE!!!Explore interests on all sidesGenerate options that “make the pie larger”

Seek shared interestsThink outside the box

The rules of brainstorming applySuspend criticismListen without judging

Creating, capturing value

Sources of Value

Capturing Value

Different predictions of future events

“if…then” agreements

Different time horizons

“sequential” agreements

Different aversions to risk

“insurance” agreements

Recognize that value can be found in your differences

Using interests to generate options

Position Interest Solution

Sales price Risk averse

Salary Needed income

Salary Fairness/self-worth

Against policy Cost

Against policy Question outcomes



Sales price Risk averse Warranty

Salary Needed income


Against policy Cost





Salary Needed income Monetary packages


Against policy Cost






Salary Fairness/self-worth Title, parking space

Against policy Cost







Against policy Cost Shared resources; other efficiencies







Against policy Cost Shared resources; other efficiencies

Against policy Question outcomes Program evaluations

One view…

I win, you lose You win, I lose

Another view…

My Satisfaction Level

Other’s Satisfaction Level

3. “Distribute” value

Develop objective criteria for measuring a “good outcome”

Measure success systematically“Success” satisfies all interests

No one feels taken

Behave in ways that build trustAct with consideration of future relationships

What is a “good outcome”?

WinningYou “get more” than they do?You get the better of them?

Not losing (maintain the relationship)

They walk away feeling good?You avoided conflict?

The problems with these “good outcomes”

WinningBuilds ill-willCompetition may lead to achieving 0

Not losingRewards bad behaviorSets you up as the easy markAnything short of death…

Using objective criteria

Issue Criterion

Sales price Book value

Sales price Comparables

Salary Industry survey

Against policy Program evaluation

Against policy Performance budgeting

Sally Soprano

What were Sally’s important interests? The Lyric’s?What criteria best reflected these?

4. Build commitments

Think as much about implementation as substance

Commitments that are…Well planned,Understandable,Realistic,operational

Implementation tools

Ground rulesAgreements (informal)Contracts (formal)PlansOrdinances, resolutions (policymaking instruments)Use of “neutrals”Organizational arrangementsPeriodic review/monitoring

Homelessness in Niceville

Setting policy priorities through grant funding

Break into groups of six20 minutes preparation time45 minutes negotiating timeDebriefingThink about interests, options, creating value, using objective criteria

Recap

“Winning” is..Understanding that pretty good is good enoughSatisfying interests

Yours wellOthers acceptably

Building good working relationshipsNo one feels taken

Recap

“Power” is…A good understanding of everyone’s interestsThe ability to think creativelyThe ability to communicate effectivelyLegitimacy, achieved through the persuasiveness of fair criteria

Recap

The “outcome” should…Be the product of a fair processBe the result of a creative processBe reached efficientlyBe as nearly self-enforcing as possible

Resources

Collaborative Approaches: A Handbook for Public Policy Decision-Making and Conflict Resolution. Oregon Dispute Resolution Commission, 2000.

Fisher and Ury, Getting to Yes: Negotiating Agreement Without Giving In. Penguin Books (2nd ed.) 1991.

Susskind, Using Assisted Negotiation to Resolve Land Use Disputes. Lincoln Land Institute, 1998.

Ury, Getting Past No: Negotiating Your Way From Confrontation to Cooperation. Bantam Books, 1993.

The Harvard Program on Negotiation: http://www.pon.org

Documents

Looking for Another Way: Improving Our Skills in Conflict Resolution and Agreement-Making Michigan State University Extension State & Local Government