Negotiation: Beyond Interests, Issues, Positions

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Event date: 
Wednesday, June 6, 2018 - 15:00
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This course is available via 50 minute long webinar with live chat for $35 plus HST at the date and time shown, and other dates and times. You must register at least two days before the live webinar start time.

The course is also available via free on demand 36 minute long pre-recorded podcast or video.


  • 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.