Resolving Conflict: Interest-

Based Negotiation
2016 International Seminar
on Climate Change and
Natural Resource
Management
May 17, 2016
Carolyn Penny
Director, Campus Dialogue & Deliberation
Office of the Provost
clpenny@ucdavis.edu (email)
530-752-2429 (telephone direct line)
cdd.ucdavis.edu (website)

2
Broad Outline
• Ways to Resolve Conflict
• Negotiation Definitions
•Interest-Based Negotiation
•Why Bother?
•Principles
•Interests and Positions
•Culture and Negotiation
•Exercise
•Questions
Introductions
• Name
• Organization
• Role
• Level of experience with negotiation (any style) and interest-based
negotiation
Low – Medium - High
Dispute Resolution

Spectrum

Negotiation Mediation Arbitration Trial Legislation

disputant involvement intermediary involvement

private public
informal formal
Negotiation
•A discussion
•Between 2 or more people/entities
•Who are trying to work out a solution
•To their problem.

www.beyondintractability.org/bi-essay/negotiation
Negotiation Approaches
In order to decide on your approach to any negotiation, there is a key
question to ask yourself . . .
Key Question:

Am I interdependent . . . .
Or independent?
 2 Basic Negotiation Approaches
Distributive Bargaining (Fixed Pie; Win/Lose)
Goal – Maximize outcome to self

Interest-Based Negotiation (Win/Win; Mutual Gain

Bargaining)
Goal – Fulfilling the mutual interests of both parties
2 Basic Negotiation Models:
Distributive Negotiation

“ . . . normally entails a single issue to be negotiated.

The single issue often involves price and frequently
relates to the bargaining process. Also referred to as
‘Win – Lose’, or ‘Fixed – Pie’ negotiation because one
party generally gains at the expense of another party. “
www.negotiations.com
2 Basic Negotiation Models: Interest –Based
Negotiation

“Interest-based negotiation is an established technique

for negotiation in which the parties meet to identify,
discuss the issues at hand and attempt to arrive at a
mutually acceptable solution. It is a positive effort by
the parties to resolve a joint dispute in collaboration
rather than competition.”
www.negotiations.com
 Summary of Differences
Distributive Negotiation Interest-Based Negotiation
Positions Interests
Concealed information Shared information
Self-interests at forefront Shared interests at forefront
Look for advantage and concession Look for a fair agreement
Win-lose Win-win
Assertiveness Cooperativeness
Independence Interdependence
Interest-Based Negotiation:
Why Bother?
• Learn more
• Reach more creative outcomes
• Reach more durable outcomes
• Protect or enhance relationships
• Decrease stress
• Other?
 Interest-Based Negotiation Core
Principles

• Focus on issues, not personalities

• Seek to meet mutual and separate interests
• Communicate openly
• Share information
• Create options for mutual gain
 Interest-Based Negotiation Term

Best Alternative To a Negotiated Agreement

• Your best option if a negotiated agreement is not reached.

• The stronger your BATNA, the greater power you have at the
negotiating table.
Positions and Interests Exercise

Position Possible Interests

Raise in salary of 10%

This class must have a break

at 11:30
We will not negotiate on
Saturdays.
Negotiating Across Cultures
Culture and Negotiation Styles
For yourself and others in the negotiation, consider
• Goal of negotiation – contract or relationship
• Atmosphere - confrontation or collaboration
• Degree of formality
• Direct or indirect communication
• Sensitivity to time
• Emotional expression
• General or specific agreement
• Decision-making processes
• High or low risk-taking
Adapted from David Livermore," 10 tips for negotiating across cultures,"
http://www.management-issues.com/opinion/7056/10-tips-for-
negotiating-across-cultures/#.VVJ3Jv9N-Lw.email
Harvard Business
Review
 What is the Predominant Culture in
Erin Meyer, “Getting to Si, Ja, Hai,
and Da”, Dec. 2015 Harvard
Business Review
Your Country? Emotionally Expressive

US Avoids
Confrontational
Confrontation

Emotionally Unexpressive
5 Rules for Cross-Cultural Negotiation
1) Adapt your way to express disagreement.
2) Know when to be emotionally expressive.
3) Build trust as the other culture does (affective trust (emotional
connection) or cognitive trust (competence).)
4) Beware of yes-or-no questions.
5) Know whether/how to put an agreement in writing.

Adapted from Erin Meyer, “Getting to Si, Ja, Oui, Hai, and Da”, Dec. 2015 Harvard Business Review
Negotiation Exercise
Reflections and Questions
Resources
• Getting to Yes: Negotiating Agreement Without Giving In, Robert
Fisher, William Ury, Bruce Patton, (1991) Houghton Mifflin Company
• Getting Past No: Negotiating in Difficult Situations, William Ury,
(1993) Bantam Books
• Amy Cuddy,
http://www.ted.com/talks/amy_cuddy_your_body_language_shapes
_who_you_are
Wrap Up and Thank You