Advanced Negotiation Participant Binder Advanced Negotiation This binder belongs to: Table of Contents Overview 4 The WHO Leader as Negotiator 10 The Mutual Gains Approach to Negotiation 19 Guidelines for Negotiation Behavior 37 Communications and Responding to Difficult Tactics 44 Multi-Stakeholder Negotiations 53 Appendix 69 © 2010 CBI and Bridgeway. All rights reserved. 3 Overview 4 Advanced Negotiation: Objectives By the end of this workshop, you will be able to: Apply a mutual gains model of negotiation in a wide range of organizational contexts; Learn to prepare effectively for negotiations, as an individual and as part of WHO staff teams; Maximize the potential for achieving mutual gains by exploring interests and developing substantive options; Build more stable agreements using strategies that emphasize objective criteria for distribution; Build more implementable agreements by anticipating contingencies and aligning organizational capacities; Address challenges with negotiation partners who are not initially able or willing to use a mutual gains approach; Assess the potential for multi-stakeholder consensus building on projects and programs, and develop strategies for consensus building. © 2010 CBI and Bridgeway. All rights reserved. Overview 5 About The Bridgeway Group The Bridgeway Group is a non-profit consulting firm based in Cambridge, Massachusetts, USA that acts as an advisor and trainer for organizations and individuals on negotiation, conflict management, communication and the management of strategic external and internal relationships. We bring to clients pragmatic methods, tools and skill sets developed at the Harvard Negotiation Project, our sister organization CMPartners and in our twenty years of individual and collective practice. The Bridgeway Group’s activities integrate one or more of three sets of activities: Training. Bridgeway implements single side and joint training for parties to conflict, parties in post-conflict situations, and/or for the purposes of institutional capacity building. Consulting and advisory work. The Bridgeway Group offers real-time advice on significant issues for parties to conflict. We assist our clients in the preparation, conduct, and review of critical negotiations, and we assist our clients in improving the process by which different internal organizations or teams collaborate and manage their differences toward a common goal. Third party convening. We facilitate the creation and management of on-the-ground partnerships, collaborations, and relationship networks. Bridgeway consultants have extensive experience both in the health sector and in UN agencies and other international organizations. Bridgeway has worked with WHO for over 15 years to design and develop training, coaching and facilitation programs for both WHO staff and member state officials. Overview 6 About the Consensus Building Institute The Consensus Building Institute (CBI) improves the way that leaders collaborate to make organizational decisions, achieve agreements, and manage multi-party conflicts and planning efforts. A nationally and internationally recognized not-for-profit organization, we work with public, private, multilateral and non-profit organizations and their stakeholders in the U.S. and around the world. CBI provides: facilitation and mediation to resolve conflict and build consensus on public and organizational issues; training and organizational capacity building in negotiation and collaborative leadership to the public, private, and non-profit sectors; and, evaluative research on negotiation and consensus building practices in public and organizational settings. Since its inception, CBI has been providing a wide range of organizational services to government agencies, private companies, and non-governmental organizations involved in issues of public interest in New England, nationally, and internationally. CBI also plays a key role in helping to build the intellectual capital in the fields of collaborative leadership, negotiation and conflict resolution. Our contributions include Built to Win: Creating a World Class Negotiating Organization (Harvard Business Press 2009), Breaking Robert’s Rules (Oxford University Press 2006), the Workable Peace Curriculum Series (PON Books, 2008), the award winning Consensus Building Handbook (Sage 1999) and Dealing with an Angry Public (Free Press 1996). Overview 7 Facilitator Bio: Stephan Sonnenberg Consultant, Consensus Building Institute As a Lecturer on Law at Harvard Law School and a Clinical Instructor with the Harvard Negotiation and Mediation Clinical Program, Mr. Sonnenberg works with law students on applied dispute management, conflict analysis, and negotiation curriculum design projects. In the past two years, he has supervised a variety of conflict management efforts, including a project to explore the use of consensus building techniques to help resolve environmental disputes in China, a partnership with Hewlett Packard to design grievance mechanisms at two of its supplier factories in southern China, a training for village elders negotiating with representatives of major multinational oil companies in the Niger Delta, and a consultancy with a Boston area hospital to redesign its patient complaint response procedure. Stephan also co-teaches the Negotiation Workshop at Harvard Law School, among other courses. Before accepting his current position, Mr. Sonnenberg worked primarily in the non-profit sector, focusing on human rights, international development, and conflict resolution. He has lived and worked in Northern Uganda and the Caucasus region of southern Russia, consulting for Amnesty International, the International Rescue Committee, the International Council on Human Rights Policy, the International Criminal Court in The Hague, and Physicians for Human Rights, among others. His research focuses on ways in which alternative dispute resolution procedures can be used to prevent mass atrocities. Mr. Sonnenberg is a graduate of Harvard Law School, and the Fletcher School of Law and Diplomacy. He also holds a degree in European Studies from the Institut d’Études Politiques in Paris, and an undergraduate degree from Brown University. © 2010 CBI and Bridgeway. All rights reserved. Overview 8 Facilitator Bio: Jim Tull Senior Consultant, The Bridgeway Group Jim Tull provides training and process assistance in the areas of negotiation, communication, consensus building, mediation and dispute resolution. In the public sector, Mr. Tull has consulted to the governments of Bolivia, Guyana, Venezuela and Colombia on their national conflicts. He has advised and trained such diverse groups as OXFAM, Indonesia's Ministry of Trade, El Salvador's Ministry of Education, and many of Canada's First Nations Communities including the Mi'Kmaq, Samson Cree and Ermineskin Cree Nations. Mr. Tull has also worked extensively with the WHO, WFP, FAO, IFAD, UNDP, OCHA and UNICEF branches of the United Nations. In the private sector, Mr. Tull has designed and delivered training workshops throughout the world for a wide range of companies and IFIs. Mr. Tull's teaching experience includes the Program on Negotiation at Harvard Law School, Harvard Medical School, Harvard School of Education as well as the Kennedy School of Government. Mr. Tull spent eight years working for Professor Roger Fisher's Conflict Management Group (CMG). Prior to joining CMG, Mr. Tull spent several years working as an International Partner for Habitat for Humanity in Central and South America. His interest in negotiation theory was made very personal in Nicaragua when he was held hostage by Recompa guerrillas and negotiated his own release, as well as that of his colleagues. Mr. Tull received his BA with honors from Kenyon College, and his Master of Public Administration from the Kennedy School of Government at Harvard University. © 2010 CBI and Bridgeway. All rights reserved. Overview 9 The WHO Leader as Negotiator 10 Agency Leadership Tasks Include: Working with HWCOs /CDs/ UN Partners Working with Key National Counterparts Government Donors Civil Society Private Sector Managing Cluster/Department Staff and Projects Liaising with Regional Offices and Country Offices In order to… Advance WHO Goals Support a National Development Agenda Advance UN System Goals These Tasks All Require Negotiation © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 11 Negotiation: A Working Definition The process by which two or more parties with conflicting and/or compatible goals seek to reach agreement that satisfies or improves their outcomes. © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 12 Negotiation Happens When: Interdependence Exists Cannot Command Behavior Limited Authority Differences Exist In Interests, Priorities, Capacities, Resources Potential for Mutually Beneficial Exchange Communication is possible May be clear or unclear May be straightforward, strategic or misleading © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 13 Negotiating DOWN, OUT, and UP Down: Staff accountable to you Technical and Administrative Staff Across/Out: Actors inside and outside WHO/UN system where there is limited/no direct accountability Cross-functional counterparts, Regional/Country Office counterparts, UN partners, Government, Donors, NGOs, Others Up: Management to whom you are accountable Direct Supervisors, Cluster Directors, UN HQ © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 14 Negotiating DOWN and UP: Direct Leadership Formal Authority - Mandates Assigned and Negotiated Down: you mandate Up: you are mandated Authorization for Areas Beyond Mandate Requires ongoing communication between principals and agents Expectations and Conditions on Authority Stated and Unstated Assigned and Negotiated © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 15 Negotiating OUT: Indirect Leadership Degree of Control < Degree of Responsibility Develop Objectives What is the desired result? (based on…) Map Stakeholders Who is involved? What does each want and need? What can each contribute? Develop Strategy to Influence Actions and Decisions What can we offer that would motivate them to meet our objectives? (a Mutual Gains Approach…) How could we coordinate all the stakeholders? (Consensus Building…) © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 16 Negotiating in 3-D In fast-changing situations, agency leaders often communicate and re-negotiate mandates up and down while negotiating out Communication protocols become critical Agency Leaders often manage several parallel, linked negotiations up, down and out Sequencing and trading become critical © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 17 Negotiation Skills for Leaders Organizational: understands organizational needs and constraints, and helps mediate between and balance different needs Managerial: identifies specific actions needed at each step of the work; works with staff and stakeholders to assign responsibility, time and resources Interpersonal: deals with each negotiating partner as a whole person; responds to individual interests and concerns while keeping each person focused on the overall goals Facilitative: manages meetings, conversations, and overall process to maximize contributions from each member; resolves conflict when necessary © 2010 CBI and Bridgeway. All rights reserved. Who Leader as Negotiator 18 The Mutual Gains Approach (MGA) to Negotiation 19 What are the goals of successful negotiation? Satisfy the parties (stakeholders) Realize efficiency with respect to time, effort, and mutual gains © 2010 CBI and Bridgeway. All rights reserved. Outcome that meets goals and principles Build relationships and institutions The Mutual Gains Approach 20 Seeking Mutual Gains through Negotiation #1. PREPARE EFFECTIVELY #2. CREATE VALUE #3. DISTRIBUTE VALUE #4. FOLLOW THROUGH © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 21 Effective Preparation You are getting ready to sit down to negotiate: What are the most important things for you to know in order to prepare effectively for a negotiation? © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 22 Effective Preparation Mandate Clarify your authority Maximize your flexibility Interests Know your interests Think about their interests Alternatives Estimate Your Best Alternative Improve Your Alternative (if possible) Analyze their Alternative Options Prepare to suggest mutually beneficial options © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 23 Big Idea #1: Best Alternative to a Negotiated Agreement (BATNA) © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 24 Big Idea #2: Move from Positions to Interests Interests: Represent Our Underlying Needs… Positions: Represent One Way to Achieve Them Positions vs. Interests → Position: “Follow my organizational policies…” → Position: “I need to meet my performance goals…” → Position: “Your division should provide funding…” Key Question: “Why is that important to you?” Of all the things we’ve discussed, which is most important to you? © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 25 #2: From Positions to Interests WHO Technical Officer: “Your unit should fund” Not a priority Protect limited budget © 2010 CBI and Bridgeway. All rights reserved. Equitable to benefits Precedent The Mutual Gains Approach 26 #2: From Positions to Interests Other WHO Unit: “No we will not fund” Costs are excessive? Budget Cycle passed? © 2010 CBI and Bridgeway. All rights reserved. Joint ownership? Precedent? The Mutual Gains Approach 27 What Kinds of Interests (for projects)? • • • • • • • • • • Money Time of Completion Commitment of staff Relationship Development Impact(!) Risk Credit / Visibility Sustainability Ownership/Control Transaction Costs, etc © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 28 Big Idea #3: Asking what might be possible Once we have understood each other’s interests… We can brainstorm to see what’s possible… Key Question: What If…? What if we tried it this way…? How would that work for you? Negotiation Tip: Explore interests BEFORE you start proposing options. This can help us to propose more creative solutions that more effectively meet the key interests of all parties. © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 29 #3: From Interests to Options Realistic Cost-Share Shared Benefits Revised budget/scope ???? Shared Commitment, Ownership © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 30 Big Idea #4: Fairness is a Source of Power and a Means for Decision-Making When relationships matter: Offer rationales for why we should ‘divide the pie’ this way or that… Don’t tell me that it’s fair… Tell me why and how it’s fair. Jointly develop the criteria we will use… This helps each side “sell” the agreement back to their people © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 31 Criteria of Legitimacy • Fairness is Relative • Develop & agree on criteria for evaluating • How did you arrive at options that? • CCS • What is the theory • MDGs behind this? • Greatest Need • What makes that fair? • Equal treatment • How are others (people, • Efficiency organizations) handling • Reciprocity this problem? • Prior commitment © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 32 Use Contingent Commitments Manage Uncertainty/Disagreement about the future: If Perceptions of the future are different, don’t argue about uncertainties Use If-then formulations to account for multiple potential outcomes Allow time needed to implement change well Develop monitoring arrangements and clear assessment strategies Set follow-up plan: come back together to assess results © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 33 Big Idea #5: Prepare for “Predictable Surprises” If we want sustainable agreements… Ask: “What might go wrong?” How can you minimize those chances? → Incentivize compliance and commitment → Identify organizational / resource gaps → And seek to build this into your agreement… And discuss what will happen if it does go wrong… → How will you monitor implementation? → What do you agree to do about it if it does happen © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 34 MGA Summary: Five Key Questions 1. What’s our BATNA (best alternative to a negotiated agreement/"Plan B")? 2. Why is that important to you? 3. What if…? 4. What makes that fair? 5. What might go wrong? © 2010 CBI and Bridgeway. All rights reserved. The Mutual Gains Approach 35 The Mutual Gains Approach 36 Guidelines for Negotiation Behavior 37 NEGOTIATION STYLE NEGOTIATION BEHAVIOR TOUGH Soft Asking Questions About Others Asks few questions, mostly rhetorical asks some questions Giving Information provides information mainly Provides information about as demands, sometimes as interests, may reveal own threats bottom line Brainstorming (Inventing Options) Tends to present options as “take it or leave it” demands Trading doesn't want to trade Using Fair Standards more interested in gain than may settle for an outcome in fairness that seems more fair to others than to self © 2010 CBI and Bridgeway. All rights reserved. SMART asks many questions clarifying "what" others interests are and "why" they are important provides information about interests but not bottom line creates/explores many open to other's options, may "what if" options meeting suggest some others everyone's needs willing to give up a lot in trades to preserve relationship trades things less important in order to get things more important Seeks agreement on standards that seem fair to self and others Guidelines for Behavior 38 You ALWAYS want to be SMART; When can you be tougher? Softer? What’s more important? → Ongoing Relationship softer and smart → Outcome of this particular negotiation tougher and smart What’s your BATNA? (Best Alternative to a Negotiated Agreement)? → Your BATNA is bad softer and smart → Your BATNA is great tougher and smart How much joint gain may be possible? → Lots of joint gain possible softer and smart → Not much joint gain possible tougher and smart Who is your negotiating partner? → Tough tougher and smart → Softer softer and smart © 2010 CBI and Bridgeway. All rights reserved. Guidelines for Behavior 39 A Guide for SMART Behavior: The Strategic Compass Communication Relationship Interests Options Criteria If “No” Alternatives © 2010 CBI and Bridgeway. All rights reserved. If “Yes” Commitment Guidelines for Behavior 40 Smart Behavior: Guidelines 1 of 3 Facilitate two-way COMMUNICATION Lead or explicitly negotiate the process: Purposes, Products, Place, Parties to involve and the Process of our discussion Listen actively and inquire Frame what we say in light of what they will hear Reframe their positions and attacks as statements of interest and concern Deal with RELATIONSHIP and substance issues each on their own merits Do not threaten or buy the relationship Be soft on the people, firm on the substance Create communication and relationship strategies for people problems Rather than react to positions, probe for INTERESTS Inquire vertically “Why?”; horizontally “What else?”, and prioritize “In what order” Share some of your own interests Share your understanding of theirs and ask for feedback Ask for criticisms and suggestions, not demands or concessions © 2010 CBI and Bridgeway. All rights reserved. Guidelines for Behavior 41 Smart Behavior: Guidelines 2 of 3 Avoid a concessions strategy, generate OPTIONS for mutual gain Jointly brainstorm multiple options Separate inventing from deciding Consider informal processes for brainstorming Use CRITERIA to make wise decision, even when interests conflict Explain your reasoning, inquire into theirs Consider how they might explain any agreement to their constituents Focus on why an option is “fair” or “appropriate” Remember, parties can use different criteria to explain a shared decision to their respective constituencies © 2010 CBI and Bridgeway. All rights reserved. Guidelines for Behavior 42 Smart Behavior: Guidelines 3 of 3 Acknowledge ALTERNATIVES/BATNA as a choice Discuss BATNAs in order to unearth interests and invite better options Reality test theirs – how well does it satisfy their interests? If useful, explain yours as a choice you need to make Make COMMITMENTS with care after learning all you can Commit early on process (and re-negotiate as you go), late on substance Build towards your objectives in stages: Design a chain of framework products for each step of the process Break-up “decision making” Sequence: Delegate roles, invent many options, evaluate, refine, then seek agreement Verify that parties know what they are committing to, how they will keep their commitments, and how implementation can be verified © 2010 CBI and Bridgeway. All rights reserved. Guidelines for Behavior 43 Communications and Responding to Difficult Tactics 44 Why Inquiry Matters … Why Inquiry Matters … Canadians Americans “Please divert your course 15 degrees to the south to avoid a collision.” “Recommend you divert your course 15 degrees to the north to avoid a collision.” “Negative. You will have to divert your course 15 degrees to the south to avoid a collision.” “This is the Captain of a U.S. Navy ship. I say again, divert YOUR course.” “No, I say again, you divert YOUR course.” “This is a lighthouse. Your call.” “This is the Aircraft Carrier U.S.S. Lincoln, the second largest ship in the United States Atlantic Fleet. We are accompanied by three destroyers, three cruisers, and numerous support vessels. I demand that you change your course 15 degrees north. I say again, that’s one-five degrees north, or counter-measures will be undertaken to ensure the safety of this ship. Three Rules for Good Communication 1. Listen Actively --Verbal and non-verbals 2. Get beneath the surface -- ask questions to learn 3. Describe your “Data” © 2010 CBI and Bridgeway. All rights reserved. Responding to Difficult Tactics 47 When to Use Active Listening • Emotional situations • Where communication is difficult • When you’re not sure you understand • When you’re going around in circles • When they aren’t listening to you © 2010 CBI and Bridgeway. All rights reserved. Responding to Difficult Tactics 48 INQUIRY Low A D V O C A C Y High High Imposing Mutual Learning Withdrawal Easing In Low © 2010 CBI and Bridgeway. All rights reserved. Guidelines for Behavior 49 Understanding CAUTION: Understanding Does Not Mean Agreement! • Don't discard your current understanding -- hold it as a hypothesis • Through conversation, begin to build a new understanding in light of what you learn. © 2010 CBI and Bridgeway. All rights reserved. Responding to Difficult Tactics 50 Pause, Think, then Act PAUSE: Do not react blindly Take a breath, step back for a moment Recognize what is happening within and around you Acknowledge: What are you feeling? What might they be feeling? Why? “Does this conversation threaten how I/they would like to be perceived?” THINK: Prepare to lead Reaffirm your goal What needs to happen next? Diagnose: What “game” that is forming Which of the Seven Elements are in play? How? Which are absent? Why? ACT: Lead with purpose The choices: Time-out, play their game, or LEAD Lead to a new game unilaterally, or negotiate the ground rules Build communication that enables understanding and joint problem-solving The less you agree, the more you need to understand Remember the Strategic Compass © 2010 CBI and Bridgeway. All rights reserved. Responding to Difficult Tactics 51 Act: Three Smart Responses to Difficult Tactics Reframe their actions and statements From positions, demands, and threats to interests “Is your concern about follow-through, or public perceptions?” “How would working with another partner be good for you?” From positions to options “That’s one option, let’s explore others.” From positions to criteria “How did you develop that number?” “Let’s consider other possible standards.” Name the game and change it Describe the current dynamic and its consequences Negotiate the process Explain and/or demonstrate the value of the mutual gains approach Change the players Suggest more useful roles: Advising, brainstorming, educating, framing Delegate issues and decisions to more appropriate parties Add or replace one or more parties © 2010 CBI and Bridgeway. All rights reserved. Responding to Difficult Tactics 52 Multi-Stakeholder Negotiations 53 Goals for Policy Decisions Support well-informed, transparent and representative public decision-making Resolve disagreements among stakeholders Maximize joint gains (economic, environmental, social, political) Minimize need for trade-offs (Re)Build relationships and institutions © 2010 CBI and Bridgeway. All rights reserved. Multi-stakeholder Negotiations 54 Multiparty Negotiations: A Strategic Challenge Achieving “success” when • Dealing with multiple parties in a web of interconnected relationships • No single agreement with any one party can satisfy all key parties or interests • The parties in this complex network have widely disparate interests • Negotiations with any one party impact negotiations with others, yet… • A common agreement or consensus among all parties seems impossible Multi-stakeholder Negotiations From Bilateral to Multilateral Negotiations Complicating Factors Relationship Process Substance Number of actors increases Principal-agent tensions become more pronounced Coalitions become important Decision-making rules are challenging to establish Communication (trust) is hard to build Roles change Complexity of information increases (number of interests to satisfy) Lowest common denominator solutions become the norm Resources can be more limited Alternatives (a “kaleidoscope” of possibilities) The Tactical Challenge How do we apply the Mutual Gains framework & tools in a multi-party environment? Sequencing: with whom do we negotiate first? How, and to what end? Second? Third? How do we deal with the uncertainties of a changing political landscape, or concealed, inaccurate or vague information about players’ interests, relationships, etc.? Multi-stakeholder Negotiations A Common Approach In crisis, we generally… • Use whatever leverage we have on as many parties as possible concurrently • Resort early to BATNA – compete to see which single player can exert the most pressure immediately Consequences… • Hard on working relationships • Fails to build a sustainable capacity to prevent or efficiently manage future surprises Multi-stakeholder Negotiations A SMART Approach Systematically maximize both your efficiency and leverage • Organize and clarify the network of parties • Sort the parties’ motivations: their interests, possible BATNAs and key relationships • Increase the probability of both short and long term success • Exploit or re-engineer the network • Leverage strategic communication Multi-stakeholder Negotiations The Process Overview • • • • • • Clarify and prioritize your own interests Map all relevant players Identify all players’ key interests Identify and characterize relationships among the players Plan and implement a sequence of one-on-one negotiations that leverage or shift the relationship map to serve your interests — short and long term Consider patterns of deference, influence, and antagonism between players Consensus Building Stakeholder Mapping Potential challenger Key ally Can we mobilize? Leave alone? “Deference” Party A will almost certainly • Do what Party B does, or will • Do what Party B advises, asks or directs Party A to do Sources of “deference” • Personal respect, admiration • Mentorship, sponsorship • Political power, raw strength, seniority • Expertise, status, reputation, etc. Watch for “patterns of deference” among the mapped players (i.e., who, if anyone defers to whom?) Multi-stakeholder Negotiations “Influence” Party A is likely to • Do what Party B advises, asks or directs Party A to do Sources of “influence” • Follow Party B’s lead, or • Trust of judgment, best intentions • Successful track record • Shared interests, etc. Watch for “patterns of influence” among the mapped players (i.e., who, if anyone can help secure agreement with others?) Multi-stakeholder Negotiations “Antagonism” Party A will not • Follow Party B’s lead, or • Do what Party B advises, asks or directs Party A to do Sources of “antagonism” • Mistrust of judgment, intentions • Unsuccessful track record • Conflicting interests, etc. Watch for “patterns of antagonism” among the mapped players (i.e., whose agreement might preclude agreement with others?) Multi-stakeholder Negotiations Analyze Your Maps • Which player’s or players’ agreements will advance our short, mid and long term interests? • What are their key interests? • What are their BATNAs to agreements that serve our interests? • Are they part of a pattern of deference, influence or antagonism? • Might existing or potential coalitions affect their BATNAs? Our BATNA? Multi-stakeholder Negotiations Identify Coalitions Identify groups of players (with shared or dovetailing interests) with whom you might reach agreements that • Directly serve your interests • Improve your BATNA • Worsen others’ BATNAs Identify groups of players who might • Undermine your interests • Worsen your BATNA • Improve others’ BATNAs Multi-stakeholder Negotiations Plan Your Strategy Use interests, BATNAs and patterns of deference, influence and antagonism to create an optimal negotiation sequence. • Consider – Bootstrapping from “easier” parties to “harder” ones, exploiting deference, influence, etc. – Backward Mapping from needed decision makers to yourself, exploiting overall patterns of deference, etc. – Pyramiding from “hardest” and most impacting downward to other parties – Sequencing to conceal or reveal information – Coalition Building to build momentum or disempower blockers Multi-stakeholder Negotiations DEFINING THE “INSIDE/OUTSIDE” PROBLEM... s s s s s s s T s s s N5 s s N1 s s s s s Negotiations often involve multiple organizations with their own ongoing internal negotiations s s T N4 s N2 s N3 KEY Negotiator Each of these group must send a representative “outside” to negotiate on their behalf. Resulting communication challenges is the inside / outside dilemma N s s s T s s s S Negotiation Table Stakeholder Communication Links Appendix 69 Readings on Negotiation and Consensus Building Mutual Gains Negotiation Breslin, J. & J. Rubin, eds., (1993). Negotiation Theory and Practice. Cambridge, MA: Program on Negotiation Books. Fisher, R. and W. Ury (1991). Getting to Yes. New York, NY: Penguin Books. Movius, Hallam and Lawrence Susskind (2009). Built to Win: Creating a World-class Negotiating Organization. Cambridge, MA: Harvard Business School Press. Lax, David and James Sebenius (2006). 3D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals. Cambridge, MA: Harvard Business School Publishing. Malhortra, Deepak and Max Bazerman (2007). Negotiation Genius. New York, NY: Bantam Dell. McKearnan, S. and D. Fairman (1999). “Chapter 8, Producing Consensus.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Potapchuk, W. & J. Crocker (1999). “Chapter 14, Implementing Consensus-Based Agreements.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Raiffa, H. (1982). The Art and Science of Negotiation. Cambridge, MA: Harvard University Press. Ury, William. (2007) The Power of a Positive No: Save the Deal Save the Relationship - And Still Say No by William Ury. New York, NY: Bantam Dell. © 2010 CBI and Bridgeway. All rights reserved. Appendix 70 Readings on Negotiation and Consensus Building Overview of Consensus Building in Public Policy Settings Carpenter, S. & W. Kennedy (2001). Managing Public Disputes: A Practical Guide for Government, Business, and Citizen’s Groups. San Francisco, CA: Jossey-Bass. De Jongh, P. & S. Captain, eds., (1999). Our Common Journey: A Pioneering Approach to Cooperative Environmental Management. London: Zed Books. Dukes, E.F. (1996). Resolving Public Conflict: Transforming Community and Governance. Manchester: Manchester University Press. Policy Consensus Initiative (1999). A Practical Guide to Consensus. Santa Fe, NM: Policy Consensus Initiative. Susskind, L.& J. Cruikshank (1987). Breaking the Impasse: Consensual Approaches to Resolving Public Disputes. New York: Basic Books. Susskind, L., S. McKearnan & J. Thomas-Larmer, eds.,(1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Wondolleck, Julia M., & Yaffee, Steven, L. (2000). Making collaboration work: Lessons from innovation in natural resource management. Washington, DC: Island Press. © 2010 CBI and Bridgeway. All rights reserved. Appendix 71 Readings on Negotiation and Consensus Building Stakeholder Assessment Carpenter, S. (1999). “Chapter 1, Choosing Appropriate Consensus Building Techniques and Strategies.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Consensus Building Institute and The Land Use Law Center, Pace University School of Law. (2000). Conducting Conflict Assessments in the Land Use Context: A Manual. The Land Use Law Center, Pace University School of Law, and the Consensus Building Institute. Susskind, L. and J. Thomas-Larmer (1999). “Chapter 2, Conducting a Conflict Assessment.” In Susskind, L., S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. London, UK: Sage Publications. Setting Goals, Ground Rules and Decision Rules Carlson, C. (1999). “Chapter 4, Convening.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Laws, D. (1999). “Chapter 6, Representation of Stakeholding Interests.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Strauss, D. & M. Doyle (1993). How to Make Meetings Work. Berkeley, CA: Berkeley Publishing Group. © 2010 CBI and Bridgeway. All rights reserved. Appendix 72 Readings on Negotiation and Consensus Building Joint Fact Finding Adler, P., R. Barrett, M. Bean, J. Birkhoff, C. Ozawa, & E. Rudin (2000). Managing Scientific and Technical Information in Environmental Cases: Principles and Practices for Mediators and Facilitators. Found on http://www.mediate.com/articles/wjc.cfm. Andrews, C. (2002). Humble analysis: The practice of joint fact-finding. Westport, CT: Greenwood Publishing Group, Inc. Conflict Research Consortium (2000). Treating Fact-Finding Problems: Strategies for Obtaining Information About Facts and Uncertainties. Boulder, CO: Conflict Research Consortium, University of Colorado. Ehrman, J. & B. Stinson (1999). “Chapter 9, Joint Fact-Finding and the Use of Technical Experts.” In Susskind, L.; McKearnan, S.; Thomas-Larmer, J. eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Lee, K. (1995). Compass and Gyroscope: Integrating Science and Politics for the Environment. Washington, DC: Island Press. Ozawa, C. (1991). Recasting Science: Consensual Procedures in Public Policy Making. Boulder, CO: Westview. © 2010 CBI and Bridgeway. All rights reserved. Appendix 73 Readings on Negotiation and Consensus Building Independent Facilitation Elliott, M. (1999). “Chapter 5, The role of Facilitators, Mediators, and Other Consensus Building Practitioners.” In Susskind, L.; S. McKearnan, & J. Thomas-Larmer, eds., (1999). The Consensus Building Handbook. Thousand Oaks, CA: Sage Publications. Moore, C. (1996). The Mediation Process. San Francisco: Jossey-Bass. Schwartz, R. (1994). The Skilled Facilitator. San Francisco, CA:Jossey-Bass. Susskind, L.& J. Cruikshank (1987). Breaking the Impasse: Consensual Approaches to Resolving Public Disputes. New York: Basic Books. © 2010 CBI and Bridgeway. All rights reserved. Appendix 74 Negotiation Journal Negotiation: Date: Your Role: Issues: What did the other person do well, and that perhaps helped you both do well? Be specific and concrete - identify their actions and words What 2 or 3 things would you do differently next time – If you had to conduct the conversation over again? Other significant learning points: © 2010 CBI and Bridgeway. All rights reserved. Appendix 75 Negotiation Journal Negotiation: Date: Your Role: Issues: What did the other person do well, and that perhaps helped you both do well? Be specific and concrete - identify their actions and words What 2 or 3 things would you do differently next time – If you had to conduct the conversation over again? Other significant learning points: © 2010 CBI and Bridgeway. All rights reserved. Appendix 76 Negotiation Journal Negotiation: Date: Your Role: Issues: What did the other person do well, and that perhaps helped you both do well? Be specific and concrete - identify their actions and words What 2 or 3 things would you do differently next time – If you had to conduct the conversation over again? Other significant learning points: © 2010 CBI and Bridgeway. All rights reserved. Appendix 77 Going Forward… As you look through the binder, the laminate card, and your notes we encourage you to identify one specific thing you might “do differently” For example: Set aside time to prepare using the Five Key Questions Understand the interests that underlie yours and the other side’s positions Explore what might be possible – invent many options for agreement Seek outcomes perceived as fair by all parties Prepare for predictable surprises Choose stakeholder engagement strategies wisely Role play with a colleague before an important conversation Use the Journal to reflect on your next negotiation Other? © 2010 CBI and Bridgeway. All rights reserved. Appendix 78 Notes © 2010 CBI and Bridgeway. All rights reserved. Appendix 79 Notes © 2010 CBI and Bridgeway. All rights reserved. Appendix 80 Notes © 2010 CBI and Bridgeway. All rights reserved. Appendix 81