Dispute Resolution - Law
Negotiations commonly follow a process of "positional bargaining." Positional bargaining represents a win-lose, versus a win-win paradigm. In positional bargaining each party opens with her position on an issue then bargains from the party's separate opening positions to eventually agree on one position. Haggling over a price is a typical example of positional bargaining, with both parties having a bottom line figure in mind. According to Fisher and Ury, positional bargaining does not tend to produce good agreements for the following reasons:
1) It is an inefficient means of reaching agreements.
2) The agreements tend to neglect the other party's respective interests.
3) Ego tends to be involved.
4) It encourages stubbornness thus harming the parties' relationship.
Principled negotiation offers perhaps a better way of reaching good agreements. This process can be used effectively on almost any type of conflict. Fisher and Ury developed four principles of negotiation.
Four Principles of Good Negotiation:
(1) Separate the PEOPLE from the Problem.
(2) Focus on INTERESTS, not Positions.
(3) Invent OPTIONS for mutual gain.
(4) Insist on using objective CRITERIA upon which to base agreement.
Brainstorm for all possible solutions to the problem.
· Evaluate the ideas only after a variety of proposals have been made
· Start evaluations with the most promising proposals, refining and improving proposals at this point.
· Focus on shared interests, and when the parties' interests differ, seek options whereby those differences can be made compatible or even complementary.
· Make proposals that are appealing to the other side and with which the other side would ultimately find ease in agreement.
· Identify the decision makers and target proposals directly toward them.
The key to reconciling different interests is to "look for items that are of low cost to you and high benefit to them, and vice versa" (Fisher & Ury, 1991, p. 76).
Fisher and Ury identify four
1) It is an inefficient means of reaching agreements.
2) The agreements tend to neglect the other party's respective interests.
3) Ego tends to be involved.
4) It encourages stubbornness thus harming the parties' relationship.
Principled negotiation offers perhaps a better way of reaching good agreements. This process can be used effectively on almost any type of conflict. Fisher and Ury developed four principles of negotiation.
Four Principles of Good Negotiation:
(1) Separate the PEOPLE from the Problem.
(2) Focus on INTERESTS, not Positions.
(3) Invent OPTIONS for mutual gain.
(4) Insist on using objective CRITERIA upon which to base agreement.
Brainstorm for all possible solutions to the problem.
· Evaluate the ideas only after a variety of proposals have been made
· Start evaluations with the most promising proposals, refining and improving proposals at this point.
· Focus on shared interests, and when the parties' interests differ, seek options whereby those differences can be made compatible or even complementary.
· Make proposals that are appealing to the other side and with which the other side would ultimately find ease in agreement.
· Identify the decision makers and target proposals directly toward them.
The key to reconciling different interests is to "look for items that are of low cost to you and high benefit to them, and vice versa" (Fisher & Ury, 1991, p. 76).
Fisher and Ury identify four