Negotiating Agreements

1. Negotiating Agreements A. Michael Sheer, M.P.P. Environmental Policy Analyst HydroLogics, Inc.

2. Exercise: Scenario Ayawannadawadda River: Typical flow - 500 cfs

3. Exercise: Scenario Ayawannadawadda River: Typical flow - 500 cfs Farm 2 Farm 1

4. Exercise: Scenario Ayawannadawadda River: Typical flow - 500 cfs Farm 2 $500 ($0) Canal capacity: 500 cfs Farm 2 Split Full Canal capacity: 500 cfs $0, $500 $500, $0 Split Full Farm 1 Farm 1 $500, $0

5. Exercise: Scenario Note: These farms are more efficient with lower flows, so . . . Farm 2 $300 At 250 cfs Farm 2 Split Full At 250 cfs $300, $300 $0, $500 $500, $0 Split Full Farm 1 Farm 1 $300

6. Exercise: Scenario Farm 2 Canal Gate Benevolent(ish) Dictator Farm 1

7. Exercise: Scenario AMike’s Rules: 1. Provide the greatest demand first, anything after gets shorted 2. If there is a tie, and not enough water for both, send only a minimum to each (Just enough to prevent starvation) Farm 2 Split Full $300, $300 $0, $500 $500, $0 $100, $100 Split Full Farm 1

8. Exercise: Instructions Farm 2 Split Full $300, $300 $0, $500 $500, $0 $100, $100 Split Full Farm 1

9. Exercise Instructions: 1. Split into groups (4 of 2 people, 2 of 1 person). Match up 2v2 and 1v1. 2. Each group will have 2 minutes to figure out their decision for each round. 3. Once decided, write it on a slip of paper, and bring it to me. When everyone has turned in a decision, I will reveal the actions for the round and we will score it.

10. Exercise: Results Sheet ActionProfitfortheMonthTotalProfit RoundFarm 1Farm 2Farm 1Farm 2Farm 1Farm 2 1 _____ _____ _____ _____ _____ _____ 2 _____ _____ _____ _____ _____ _____ 3 _____ _____ _____ _____ _____ _____ 4 _____ _____ _____ _____ _____ _____ 5 _____ _____ _____ _____ _____ _____ 6 _____ _____ _____ _____ _____ _____ 7 _____ _____ _____ _____ _____ _____ 8 _____ _____ _____ _____ _____ _____ 9 _____ _____ _____ _____ _____ _____ 10 _____ _____ _____ _____ _____ _____ 11 _____ _____ _____ _____ _____ _____

11. Exercise: Actions & Results Group 1Group 2Group 3 RoundFarm 1Farm 2Farm 1Farm 2Farm 1Farm 2 1 _____ _____ _____ _____ _____ _____ 2 _____ _____ _____ _____ _____ _____ 3 _____ _____ _____ _____ _____ _____ 4 _____ _____ _____ _____ _____ _____ 5 _____ _____ _____ _____ _____ _____ 6 _____ _____ _____ _____ _____ _____ 7 _____ _____ _____ _____ _____ _____ 8 _____ _____ _____ _____ _____ _____ 9 _____ _____ _____ _____ _____ _____ 10 _____ _____ _____ _____ _____ _____ 11 _____ _____ _____ _____ _____ _____

12. Exercise: Results Breakdown • What happened? • Why did it happen? Group-by-group. . . • How is this similar to real life situations? • Consider both scenario and results! • How is this different? • Consider both scenario and results!

13. NEGOTIATIONS PRIMER How to get what you need, explained in 30 minutes or less

14. Step 1 –Understand Yourself:The Dual Concern Model Know your tendencies so you don’t let them interrupt your process! Make sure your method is best suited to the conflict. Do you typically: Compete - Do you try to “win”? Collaborate - Do you work together without giving up anything? Accommodate - Do you give concessions to get out of the conflict? Avoid - Do you walk out or change the subject? Compromise - Do you find the middle ground for a fast solution?

15. Step 2 – Understand the Conflict: The 9 Elements 9 Elements of Interest-Based Negotiations • Context setting: 1. Parties: Who is necessary to reach agreement and to implement the agreement successfully? 2. Issues - What are the underlying causes for the conflict? What issues need to be discussed or decided? • Core Elements 3. Interests - What are the parties really after? Interests include tangible and intangible needs. 4. Options - List all ways the situation can be mutually resolved and understand that consent is needed. 5. Standards - for fair process. Look at objective (and/ qualitative) standards that help judge whether an agreement is fair. • Influencing 6. Communications - What do you need to know from each other? What is the current quality of communication vs. what you need for a working relationship 7. Relationships – What is the current quality of the relationship? How should it be different to help negotiations? How might this change come about? • Exit Elements 8. Alternatives - What is your BATNA (Best Alternative to a Negotiated Agreement)? 9. Commitment - What are the set of options that the parties agree to and are they feasible options?

16. Step 3 – How do I get to Yes? (The X Plan) • What actions (options) address each favorable interest in the target balance sheet? • Do the actions address the significant issues? • Do the actions meet the interests of the parties? Be sure the actions also satisfy your interests! • Are the actions legitimate - standards of fairness? • Are the actions feasible and operational – doable? • Reformulate the Question asking for a YES or NO response

17. Step 4 - Make it Easy to Say Yes: Circle Chart Analysis Systems thinking to identify the problem:

18. Step 4 - Make it Easy to Say Yes: Circle Chart Analysis Systems thinking to identify the problem

19. Step 5 – How to Get Past No 5 strategies:

20. The Process is the Result Preliminaries Identify stakeholders Meet with key stakeholders to discuss set-up matters: (Use of facilitator, Meeting sequences, Representation in negotiation, Need for conflict assessment) Negotiations Key stakeholders meet to decide on negotiation rules and procedures Identify other relevant stakeholders, establish an air traffic controller group Agree on task/meeting sequence, and ratification by decision makers Agree on issue defining meeting (9 step, circle chart) Create working groups to deal with substantive issues (prepare drafts , check in with decision-makers) Create agreement: Draft by negotiators, and ratification by decision makers Implementation Assessment of progress (decide on timings) Use of problem solving meetings Set up Renegotiations Multiparty Negotiations:Process Suggestions