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Dispute Resolution Continuum

Understand negotiation types - Positional vs. Interest-Based - to achieve mutually beneficial resolutions. Learn key communication skills for successful negotiation outcomes in conflict management.

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Dispute Resolution Continuum

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  1. Dispute Resolution Continuum

  2. What is Negotiation? Negotiation is a problem-solving process in which two or more people voluntarily discuss their differences and attempt to reach a joint decision on their common concerns. It is one of the most common approaches used to make decisions and manage disputes.

  3. Interests vs. Positions

  4. Positions • ideal solution • pre-formed solution • an opening demand

  5. Positional Negotiations lose/lose outcomes...

  6. Positional Negotiation • objective is to “win” - to “defeat” your opponent • parties perceive themselves as adversaries • parties are suspicious about each other’s motives • parties seldom listen to what’s important from the opposing party’s perspective

  7. Positional Negotiations win/lose outcomes...

  8. Interests • Interests are the needs, hopes, fears, concerns and desires that underlie a position

  9. Interest Negotiation • work together to solve the problem • proceed on the basis of common interests • accommodate and collaborate rather than compete and compromise

  10. Interest Based Negotiations Rather than dividing the pie, Parties work together to build a bigger pie

  11. Positional Negotiation Strategy • play cards close to your chest • demand more than you expect to receive • measure success by what you gain and the other party loses • never ask questions you don’t know the answer to

  12. Interest Based Negotiation Strategy • identify their needs, hopes, fears concerns and desires • parties identify their interests and look for common interests as a basis to begin building agreement • parties work together to build an agreement that accommodates their collective interests

  13. Communication Skills

  14. Communication Skills • Active Listening • Open Questions • Paraphrasing • Acknowledging • Reframing • Summarizing

  15. Communication Skills Probing Questions...

  16. Active Listening • be attentive • concentrate • acknowledge • probe • clarify • paraphrase to ensure understanding

  17. Communication Skills Inactive Listening...

  18. Open Questions • Who • What • Where • When • If, ....., then... • [Why]

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