NYS Agricultural Mediation Program

NYS Agricultural Mediation Program Leadership Negotiation Skills March 6, 2008 FARMERS MARKET FEDERATION OF NEW YORK The Armory, Rochester, NY Building a Market Community Conference

Agenda • Welcome and Introductions • Definitions and Background • Negotiation Skills Exercise • Mediation Services and Programs • Center for Dispute Settlement • NYS Agricultural Mediation Program • Resources • Questions and Answers

Definitions and Background • Negotiation is the fundamental form of dispute resolution. • Negotiation is a “pure” form of bargaining, and can be enhanced in many ways. • There are three types of negotiation (Fisher, Ury, 1991): • Soft: you concede and are taken advantage of (passive-aggressive) • Hard: adversarial, aggressive, competitive • Principled: this form uses five principles to negotiate effectively with each other instead of against each other • Mediationis a process in which an impartial thirdparty works with people in conflict to help them change their interaction from negative and destructive to positive and constructive, as they discuss and explore issues and possibilities for resolution. (NYS Unified Court System)

Communication Skills: Active Listening Total concentration on what a speaker thinks and feels Not passive or reactive listening Non-judgmental Observe body language, use of metaphor, tone Use open ended questions to understand more (understanding vs agreement) Refrain from problem solving, analyzing, or giving advice Reflect information and emotion; ask if you are correct

Skills exercise – Reflective Listening “She never really fit in with the rest of the group, and doesn’t seem to like us. And she acts as if the rules don’t apply to her.” Fact #1: _______________________ Fact #2: _______________________ Feeling: _______________________ Ask if you are correct.

Skills exercise – Reflective Listening “The older vendors act like they know it all, and they get away with breaking their silly rules. They get hostile when we try to make the market work for us too.” Fact #1: _______________________ Fact #2: _______________________ Feeling: _______________________ Ask if you are correct.

Positions and Interests • Position • Issue: The situation around which the dispute, disagreement or difference revolve around • Position: • The stance parties take on the issue • Things you say you want • Demands • Things you say you will or will not do • Example • Joan - “You can’t sell stuff you don’t grow yourself.” Sue – “You can’t tell me what to do, especially when other farmers are doing the same thing”.

Position and Interests • Interest • What drives your position • Underlying motivation • Needs and concerns • Fears and aspirations • Example: • Joan – “The public wants and expects only local produce; that’s what we say in our ads.” • Sue – “We can’t cover costs at the beginning of the season. And everyone should follow the rules.”

Basic Principles of Interest Based Negotiation • Separate people from the problem • Focus on joint and future interests • Generate a variety of options before deciding what to do • Utilize objective criteria • Know your best and worst alternative to negotiated agreement

Problems with negotiating from positions • Assumes you know all the relevant information • Goal is to convince the other side that your point of view makes the most sense • Tactics focus on “dividing the pie” or win/lose concessions • Compromise or concessions strain the working relationship

Benefits of interest based negotiation • Avoids repetition or escalation of conflict • Builds partnerships and community • Strengthens participation and buy-in • Increases commitment to action plans • Creates transparency about decision making • Clarifies shared and diverse values • Shares responsibility and work • Flexible and creative agreements • Focuses time & energy on substance and positive outcomes • Leads to durable agreements based on shared information and commitment

When to refer a conflict to mediation • Attempts to negotiate did not work • Escalating or recurring problem • Negative effects on group functioning and customers • You are perceived as taking sides • You want to continue to work with one or both of the parties even if the conflict isn’t resolved • It looks like more than you can handle • As early as possible, but no dispute is too big or too bad to mediate • When a continuing relationship/partnership is important or inevitable • To avoid the threat of a law suit • When you have an interest in how the conflict is resolved • If you don’t have the power to solve the problem

MEDIATION • A way to resolve conflict or disputes in a confidential and collaborative way, • in which trained neutral assists the participants to communicate clearly, express emotions, explore options, • and, if they wish, to reach mutually acceptable resolutions. • Mediation can save time and money, protect autonomy, and preserve and strengthen relationships and the community.

Center for Dispute Settlement • The Center for Dispute Settlement was established in 1973 by the American Arbitration Association, CDS was the first of its kind in New York State and among the first three dispute resolution centers in the Country. • CDS provides alternative dispute resolution processes for all eight counties in the 7th Judicial District of New York State. • These processes include conciliation, mediation, arbitration and facilitation. • Training is offered in the areas of mediation, arbitration, facilitation, conflict resolution, conflict management and anger management.

NYSAMP: Another way to get the job done.

New York State Agricultural Mediation Program • New York is one of 34 states with agricultural mediation programs funded by the USDA and the Unified Court System and administered by the New York State Dispute Resolution Association (NYSDRA). • NYSAMP is used as an option for farmers to appeal adverse decisions from the USDA (primarily the FSA and RD) • NYSAMP is expanding to include agricultural community conflicts and disputes.

Professional or business conflict: Groups or associations Loans or debts Right to farm Neighbor complaints Employer/employee Landlord/tenant USDA appeals Small claims and credit Family problems or planning needs: Separation and divorce Sibling/ in-law out-law Finance and business planning Inter-generational problems Elder care and planning Unpaid bills, loan restructuring Family farm succession and transfers What can be mediated?

Benefits of NYSAMP Mediation • Voluntary and confidential • Free or low cost: usually much less than litigation • Reduces stress • Saves time • Potential to preserve important relationships • Focus is on interests rather than rights • Fair: participants retain control over outcome • Preserves autonomy: no need to involve outside authorities • Responsive: Flexible scheduling, local community centers, the process “fits” the problem • Effective: participants are best informed to make wise decisions • Creative: participants free to “think out of the box” • Efficient: 75% agreement rates, high compliance

Conflict Management Services • Facilitation: Using a neutral to help a group conduct effective discussion, and to clarify and accomplish their goals • Mediation: Using a neutral to help parties negotiate effectively and resolve conflict • Arbitration: Using a neutral to make decisions and resolve a conflict • Skills training: Communication, negotiation, conflict management, effective meetings

How to find NYSAMP services • NY is one of 37 states with an agricultural mediation program funded by the USDA and the NYS Unified Court System • NY has a network of community mediation centers • Every county in NY is served by community mediators • There are mediators in each region who have advance training and ties with the agricultural community • Referrals can be made through local mediation centers or the NYSAMP State Program Manager

Resources • Difficult Conversations, How to Discuss What Matters Most, Douglas Stone, Bruce Patton, Sheila Heen (Penguin 1999) Great book, easy to read, lots of good examples from everyday life. • Getting to Yes, Negotiating Agreement Without Giving In, Roger Fisher and William Ury (Houghton Mifflin, 1981) Harvard Negotiation Project; excellent & short classic, primarily focused on business negotiation; explains interest based negotiation. • Getting Past No, Negotiating Your Way from Confrontation to Cooperation, William Ury (Bantam Books, 1991) Sequel to above, good on difficult people and dirty tricks. • The Negotiation Tool Kit, Roger Volkema • The Power of Negotiating: Strategies for Success, Mike Stark • Smart Negotiating: How to Make Good Deals in the Real World, James Freund • That’s Not What I Meant! How Conversational Style Makes or Breaks Your Relations with Others, Deborah Tannen, Ballantine, 1986 One of several bestsellers on gender, cultural, and workplace communication by a linguist.

Contact Information • Charlotte Carter, NYSAMP Program Manager • NYS Dispute Resolution Association, Troy, NY • (866) 669-7267 (toll free) • charlotte@nysdra.org • Susan DeNavarette, Director • Center for Dispute Settlement, Wayne County Office • (315) 946-5081 • sdenaverrete@cdsadr.org • Tiamesha Walker,Director of Training and Volunteer Coordination • Center for Dispute Settlement • (585) 546-5110 ext. 113 • twalker@cdsadr.org

NYS Agricultural Mediation Program