Ohio Watershed Academy 2009

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Basic Negotiation Skills: Applications for Watershed Management

(Module Instructor and author: Maggie Lewis, Ohio Commission on Dispute Resolution, maggie.lewis@cdr.state.oh.us )

Introduction

Why does negotiation matter?

At first glimpse watershed management often involves what seems like intractable conflicts between parties. For instance the Total Maximum Daily Load (TMDL) recommendation by Ohio EPA for the removal of the Kent Dam in Northeast Ohio quickly escalated into a standoff between the "environmentalists" who wanted to remove the dam and the "preservationists" who wanted to preserve the dam, according to Mark Bergman with the Ohio EPA.

However according to Mark a ad hoc committee with the help of a facilitator negotiated an agreement that addressed the interests of multiple stakeholders. So instead of a win lose solution to the dam issue a win win plan was devised that led to preservation of the Kent Dam and east dam abutment, creation of park, bypass channel, and bank restoration (City of Kent, 2005). For more on this project go to: http://www.kentohio.org/reports/dam.asp...

About the module

This module will introduce you to the basic principles of negotiation (e.g., the difference between interests and positions) and will help you build your skills by having you prepare for a negotiation.

How should you complete the module?

In order to complete this module effectively you will need to first read the assigned readings in “Getting to Yes” and grasp each of the concepts assigned under “negotiation basics” below on the Conflict Resolution Information Source website.

Next think about an upcoming negotiation you may be having (e.g. with your watershed management effort or even in your home and/or family life) then download the negotiation worksheet (located under “assignment” below) and complete each question.

Negotiation Basics

What is negotiation?

A negotiation in simplest terms is a discussion between two or more parties who wish to create a new approach to a common problem neither can create on their own.

http://crinfo.beyondintractability.org/c101/28729.jsp

Read all sections.

Identifying Positions and Interests

One important way to improve your negotiation skills and to better manage conflict is to distinguish between positions and interests. A position is a demand, a proposal or a preferred course of action. An interest is the reason for the position or a goal or objective. If you are stating a position, the other person(s) can only respond with "yes" or "no", or a counter-proposal. If you are stating an interest, there are usually multiple ways to satisfy the interest.

For example, in the case of the Kent Dam, the position or preferred action was "dam removal.” One possible interest underlying this position might be, "clean water."

http://crinfo.beyondintractability.org/c101/36124.jsp - Interests, Positions, Needs, and Values

Identifying the “BATNA”

A negotiators’ "Best Alternative to a Negotiated Agreement" or BATNA is the most preferable outcome, the best possible outcome, that could be reached if agreement is not achieved during the negotiation. To identify your BATNA, ask yourself, "If I do not reach agreement in this negotiation, what is the best alternative outcome?" If your BATNA is superior to those outcomes you might achieve through negotiation, you may choose to reconsider your motivation to negotiate. If your BATNA is inferior to those outcomes you might achieve through negotiation, understand the importance of the negotiation and plan accordingly!

http://crinfo.beyondintractability.org/c101/26204.jsp

Identifying Parties

"Parties" are individuals, groups, organizations and/or other stakeholders who have an interest in and will be directly affected by the outcome of a negotiation, and/or a decision making process. It is important to identify and to include all parties in any negotiation, and or decision-making process.

Learning Objectives

After completion of the module the learner should be able to:

  • Prepare for and implement an effective negotiation in order to address, prevent, and resolve inter-personal and inter-group conflict.

Background Readings

Required:

  • Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, and Bruce Patton, 2nd Edition, New York: Penguin Press, 1991. Chapter 1.[Academy students receive a copy of this book]
  • Conflict Resolution Information Source (see required sections listed above under “negotiation basics” http://crinfo.beyondintractability.org/c101/
  • Positions and Interests on-line module at the UNC School of Government: http://ncinfo.iog.unc.edu/onlinecourses/disputeresolution/positionsinterests/introduction.htm

Recommended:

Assignments

Assignment HDC5-1

References

Maiese, M. “Negotiation.” Beyond Intractability. Ed. Guy Burgess and Heidi Burgess. October 2003. Conflict Research Consortium, University of Colorado, Boulder, Colorado, USA. http://crinfo.beyondintractability.org/c101/28729.jsp.

Maiese, M. “Interests, Position, Needs, and Values.” Beyond Intractability. Ed. Guy Burgess and Heidi Burgess. August 2004. Conflict Research Consortium, University of Colorado, Boulder, Colorado, USA. http://crinfo.beyondintractability.org/c101/36124.jsp

Spangler, B. “Best Alternative to a Negotiated Agreement: BATNA” Beyond Intractability. Ed. Guy Burgess and Heidi Burgess. August 2004. Conflict Research Consortium, University of Colorado, Boulder, Colorado, USA. http://crinfo.beyondintractability.org/c101/26204.jsp

City of Kent, Ohio. (n.d.) Cuyahoga River Restoration Project. Retrieved October 3, 2005 from, http://www.kentohio.org/reports/dam.asp

UNC School of Government. (2007). Positions and Interests. Retrieved February 7, 2007, from http://ncinfo.iog.unc.edu/onlinecourses/disputeresolution/positionsinterests/introduction.htm

Last modified: Friday, 3 April 2009, 02:41 PM