interest based bargaining robert a. kubiak executive director trumbull county children services...

Interest Based Bargaining

Robert A. Kubiak

Executive Director

Trumbull County Children Services Board

Interest Based Bargaining

A method of principled negotiations that is “hard” on the merits and

“soft” on the people.

Why Use Interest Based Bargaining?

Allows full discussion on difficult or complex issues

Promotes creative solutions Reduces confrontation Results in ownership and support of the

results Builds a closer working relationship

Traditional versus IBB

Written proposals Exaggerated positions Throw-a-ways Lead negotiator Selective information Horse trading issues

Issue list No positions, only

interests Real issues Team discussion Open sharing of

information Merit-based solutions

PATTS (P.A.S.T. Model)

PrinciplesAssumptionsTools and TechniquesSteps

Changing the Paradigm

FromPower-basedRights-basedToInterest-based

The 4 Principles of IBB

1. Focus on the issues not the personalities

2. Focus on interests not on positions

3. Create options to satisfy the interests

4. Evaluate the options with standards, not power and leverage

The 5 Assumptions of IBB

1. Bargaining enhances the parties’ relationship

2. Both parties can win in bargaining

3. Both parties should help each other win

The 5 Assumptions of IBB (continued)

4. Open and frank discussion expands the areas of mutual interests, and this in turn expands the options available to the parties

5. Mutually developed standards for evaluating options can move decision-making away from a reliance on power

Tools and Techniques

Active listening Idea charting Brainstorming Consensus decision-making

Skills for Constructive Communication

“Seek first to understand, then to be understood.”

-Stephen Covey

What are some qualities of good listener? The ability to not only listen to the

content of the message, but acknowledge the emotion behind it as well.

The capacity to receive the whole meaning by concentrating on the words, tone, gestures, and posture.

Tips to Active Listening

Learn to want to listen Stay focused on the speaker Control your emotional hot buttons Listen for the unsaid (feelings) as well

as the said

The C.O.R.R.E.C.T. MethodC Concentrate: focus on the substance

O Observe: body language

R Respond: communicate understanding

R Reflect: paraphrase or repeat

E Elicit: ask questions

C Control: your interruptions

T Take initiative: to listen first

Empathetic Listening

Listening with the goal to see things as others see them.

The ability to share in another’s emotion, thoughts and feeling.

Idea Charting

Title/label/and date each page Write or print largely and clearly Use a good marking pen Change colors Explain abbreviations

Idea Charting

Number topics in a series Number ahead Avoid editing or imposing your

ideas Never “flip” the flipchart Post each chart

Brainstorming

The free, uninhibited generation

of ideas.

Brainstorming Hints

Be free-wheeling Use imagination Take a risk Build on the ideas of others-

combining and expanding

Brainstorming Rules

Record each idea exactly as it was said

Clarify ambiguities Absolutely NO criticism

Consensus

A group reaches consensus when all members agree upon a single alternative.

Consensus

In consensus, each group member can honestly say:

“I believe that you understand my point of view and that I understand yours. Whether or not I prefer this decision, I support it because it was reached fairly and openly, and it is the best solution for us at this time”

Consensus guidelines

Listen actively Encourage participation Share information Do not agree too quickly Do not trade support No voting

The 70/100 Rule

When you, as an individual, are 70% comfortable that you can support the group’s decision 100%, then you are in consensus.

It is not always easy

Do not isolate or coerce any individuals who are not at 70%

The group needs differences to get the best solutions

Create a solution that can be supported

Getting Consensus

Individuals not at 70% have an obligation to offer alternatives (more options) which addresses their concerns and a solution that can be supported.

Understand Interest Based Bargaining

Steps The actual process Getting ready Protocols

The Steps of Interest Based Bargaining1. Issue

2. Interests

3. Options

4. Standards

5. Solution

Issue

The party raising the issue needs to: Explain it Provide background about it

Good solutions come from a good understanding of the issue

Cause and Effect Analysis

Cause and Effect analysis helps diagnose a problem - to trace it back to its root causes.

It is the root causes that need to be clearly identified and understood before a group begins to identify and implement solutions.

Cause and Effect Analysis

Ask yourself :

“What do you believe caused the problem to exist?”

and

“What has resulted from the problem existing?”

Interests

The purpose of negotiating is to satisfy your interests

If you want the team to take your interests into account, discuss them

Explain your interests so that all team members can understand them

Acknowledge each other’s interests Actively listen to all interests

If you want other team members to appreciate your interests, demonstrate that you appreciate theirs

Externalize your interests

Share information

Share all information

Focus on your interests

Do not announce a position on any issue - it will stop the process

Position versus Interest Focuses on a

particular solution Makes a demand Draws a line Sets up confrontation Ends or dampens

discussion

Focuses on problem Articulates one of the

range of needs Makes no valuations Establishing a climate

of understanding Allows the real issue

or problem to be discussed

Interest statements

Do not provide the solution to the issue

Open discussion and provides a basis for joint exploration of the issue

When you hear a position

Convert the position statement into interest statements

Peel off the positional layers

Tangible & Intangible Interests What you see What you say The measurable The quantifiable

What you do not see

What you do not say

Fears Beliefs Concerns

Options

Through the synergistic process of brainstorming, options are created to address the interests

Obstacles that inhibit the inventing of options Criticism Fear Impatience Confusion Single-best answer Staying-in-the-box

Standards

The parties need to agree on a set of factors which they will use to judge the options.

Standards

Feasible Beneficial Acceptable