1. Problem Solving Negotiation
David Landis

2. Definition
A negotiation is a trade
- “I’ll do Y, if you’ll do X.”

3. Advantage Seeking
• Good short term results
• Hard to exploit
• Relatively easy to do

4. Advantage Seeking
• Hard on relationships
• Misses joint gain
• Breeds reciprocity

5. Joint Gain Seeking
• Expands the pie
• Benefits grow over time
• Builds relationships

6. Joint Gain Seeking
• Risks exploitation
• Takes more time and preparation
• Requires skill to be effective

7. Taming the Advantage Seeker
• Align your incentives
• Cooperation on terms is reciprocal, not
individual
• Lift the horizon
• Develop “walk away” alternative

8. Trust:
• A two-sided coin: trusting, being trusted
• A shared problem
• Some assume trustworthiness
• Some assume untrustworthiness

9. Being Trustworthy
• Say what you mean, mean what you say
• Does not require full disclosure
• Worth its weight in gold

10. Trusting
• Operate independent of trust
• Reciprocal consequences

11. Recurring Pattern
• Preparation/Aspiration
• Introduction
• Information exchange
• Offer
• Counters
• Stalemate/Settlement
• Post-negotiation

12. Tension
• Predictable at offer stage
• Predictable with counters
• Often grows as difference narrows

13. Asymmetrical Information
• Information affects aspiration
• Shared Information
• Discoverable information
• Secrets
• Leakage

14. Tools for Mutual Gain
• Interests not positions
• Priorities traded across differences
• Fair process norms
• Objective criteria
• Trust through authentic communication

15. Focus on Interests, Not
Positions
• Interests = underlying motivations
– The answer to “why?”
• Positions = “yes or no” options
– The answer to “how much?”
• Focusing on interests induces problem solving
because they are flexible and create
satisfaction.

16. Invent Options for Mutual Gain
• Brainstorm method of advancing parties’
interests
• Invent first, then decide
• Link differences, priorities
• Maximize shared interests

17. Use Objective Criteria
• Learn marketplace
• Frame dispute as a joint search for fair
standards
• Adjust standards for unique circumstances
• Open with an offer you can justify

18. Separate People from the Problem
Be unconditionally cooperative on process
– Good listening
– Fair characterizations
– Symbolic gestures
• The Glasers’ advice is golden
– Buy their book

19. Separate Problem from the People
Be firm on fair outcomes
– Trade cooperation
– Reason, be open to reason
– Results need a fair, reasonable basis

20. The 7 Rules of Hard Bargaining
• Don’t make the first offer
• Don’t accept the first offer
• Don’t make the first concession
• Don’t concede the same size

21. The 7 Rules of Hard Bargaining
• Don’t concede at the same rate
• Ignore their deadlines, create your own
• Ask for something extra for agreement

22. Common Poor Group Practices
1. No discussion of process 6. Inadequate options
norms, jump in on problem development
solutions
2. Beginning with preferred 7. Covert side deals
solutions
3. No shared problem statement 8. Early bare majority voting
4. No facilitation, dominant voices 9. Poor listening
drown out others
5. No visual display of information 10. Focus on debating positions

23. Better Group Practices…
1. Identify and agree on 7. Visual display of information,
process norms options, etc
2. Facilitation, hear everyone 8. Listening for threads of
agreement
3. Create problem statement 9. Recasting solutions in
search of broad consensus
4. Learn interests and priorities 10. Late commitments, broad
consensus
5. Develop multiple options 11. Careful review of
agreement
6. Link differences for joint gain 12. Celebrate the agreement

24. Problem Solving Negotiation
“Good luck and good negotiating,
Dave Landis
dlandis@lincoln.ne.gov