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Conflict Resolution: Starting Point for Reform

One MN Legislative Conference 2012 David Landis. Conflict Resolution: Starting Point for Reform. Problem Solving Model. Mess Identify problems Agree on problem Identify solutions Evaluate solutions Implementation plan. Legislative Model. Consent to the governed- elections

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Conflict Resolution: Starting Point for Reform

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  1. One MN Legislative Conference 2012 David Landis Conflict Resolution: Starting Point for Reform

  2. Problem Solving Model • Mess • Identify problems • Agree on problem • Identify solutions • Evaluate solutions • Implementation plan

  3. Legislative Model • Consent to the governed- elections • Majority rule- legitimacy • Rule of Law- outputs

  4. Consensus Building Model • Convener • Initial Stakeholders • Neutral Process Manager Selected • Rethink Stakeholders • Stakeholder Analysis

  5. Consensus Building (cont.) • Stakeholder Analysis • motivations, preferences, resources • Joint session • Single text procedure • seek criticism, improve

  6. Consensus Building (cont.) • Process manager completes single text • Stakeholders asked: • “Can you live with this?”

  7. 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.”

  8. 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.”

  9. 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.”

  10. 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’re in trouble.”

  11. 5 into 2 No division of items No side deals Must divide all five between you Divide in 2 minutes or get nothing Item: 5 crisp $1,000 bills

  12. 5 into 2 All the same rules Items: 2 tickets, great concert Designer jacket Glider flight over Grand Canyon Elegant fine French meal and wine for 2 Martha Stewart cooks and cleans

  13. Worker’s Comp Deal

  14. Worker’s Comp Deal

  15. Worker’s Comp Deal

  16. Worker’s Comp Deal

  17. Worker’s Comp Deal

  18. Shared Interests – valued alike An 800 phone number for workers’ rights. Better enforcement against companies without work comp. Informal dispute resolution method. Higher contribution from unsafe businesses.

  19. Tools for Mutual Gain Interests before positions Priorities traded across differences Fair process norms Objective criteria Trust through authentic communication

  20. Conflicting Interests Definition: Valued alike, in opposition (money is the most common Strategy Use objective criteria to insure fair results

  21. Complementary Interests Definition: Elements valued differently Need at least two to link Strategy discover, link, maximize

  22. Shared Interests Definition: Valued alike, good for both Strategy Discover, maximize No need to link

  23. Talk late • Debate often • Start with solutions • Start with positions • Narrow options • Talk early • Talk often • Start with problem • Start with interests • Generate options

  24. Invent, then evaluate • Stakeholders interact • Neutral process manager • Search for standards • What can you live with? • Constant evaluation • Stakeholders do not • Partisan process manager • Search for votes • What do you want?

  25. Problem Solving Negotiation “Good luck and good negotiating.” Dave Landis dlandis@lincoln.ne.gov

  26. Focus on Interests before 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.

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

  28. 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

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

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

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