Conflict Negotiation

Question 1

Power

Answer 1

The ability to coerce someone to do something he or she would not otherwise do

• usually imposing costs on other party
• use threats, coercion, status
• force, war, strike

Question 2

Rights

Answer 2

independent standards of perceived legitimacy or fairness

Question 3

Interests

Answer 3

Needs, desires, concerns

• reconcile differing interests in a way that addresses needs
• future-oriented
• negotiation, mediation focus

Question 4

Rights based approach

Answer 4

Who is right and who is wrong?
Who has the legal right in this dispute?
Who is likely to win in court?
Who has the moral high ground?
What is a third-party likely to decide?

Question 5

Power based approach

Answer 5

Can either party force the other to accept a deal?
Who has a stronger BATNA?
Who is in a position of authority?
Who can afford a protracted legal battle?
Who can make the other’s life miserable?

Question 6

Interest based approach

Answer 6

What are each side’s underlying interests?
What are each side’s concerns?
Are there mutually profitable alternatives to litigation?
Is there a way to satisfy each party’s interests?

Question 7

Getting back to interest from P and R

Answer 7

• Be a role model; don’t reciprocate contentious communication ask questions; offer info; stay calm
• Consider labeling unhelpful behavior or dynamics
• Offer mid-course corrections, transitions to interests
• Try a process intervention: take a break, find a mediator, restate each other’s point of view