Negotiation: Beyond interests, issues, positions
Tuesday, February 13, 2018 - 15:00
Name of Organization:
Online via live webinar or free on-demand podcast
This course is available via free on demand 34-minute podcast and video. It is also available via live 50-minute webinar at the time and date shown, and other times and dates, for $35 plus HST.
- How might the word, “interests”, need clarification so negotiators may achieve better results while negotiating?
- “objective interests” as what is good for a party.
- “subjective interests” as what a party wants.
- What ethical problem arises due to the distinction?
- Who decides?
- The Model code of conduct concern.
- Instrumental concerns for future dealings, consequences, and relations.
- Positions as publicly stated and as what is desired.
- The problem when a stater believes their position is their interest.
- Failure to inquire as to multiple interests sought to be furthered through a stated position.
- Delicacy of questioning whether another’s position furthers their interests.
- The general prescription to look to interests when dealing with undesireable positions.
- When stated position is known to be closely related to a particular world-view or value system.
- The utility of curiosity.
- Are values, needs, and the sacred different than interests?
- World-views or religious views or unmet human needs such as identity, recognition, and security.
- Interests anything anyone cares about during negotiation?
- Utility of these subsets or different concepts.
- Problem solving for unmet human needs.
- Dialogue for sacred values.
- Offering symbolic concessions.
- Avoiding offering material trade-offs for sacred values.
- Sacred values as open textured.
- Separating sacredness from the material.
- Relative weighting of competing sacred values.
- Single behaviours relating to multiple moral prescriptions.
- Sincere recognition as removing an impediment to negotiation.
- Difficulties of sincere recognition.
- Having an ally from the other side.
- Apology for others’ acts.
- Negotiations also occur within groups.
- Counsel shouldn’t act in areas outside their experience.
- Quantification of interests for purpose of trade-off.
- Situations of common currency.
- Situations where common currency must be determined.
- Techniques for assessing trade-offs.
- When groupings affect relative values of individual items grouped.
- Difficulties of quantifying intangibles.
- Human subjectivity.
- Limits of analysis.
- Tools as clarification rather than as quantification.
- Human unwillingness or inability to analyze.
- Problem if lawyers does the valuing for the client.
- Non-monetary values.
- Limits of appealing to interests.
- Compatible interests and incompatible positions.
- Concession of interests for agreement on a position.
- Limiting the negotiation to issues on which agreement may be possible, or interests that do not contradict.