Negotiation: Beyond interests, issues, positions

Podcast and Video length : 36 mins. Live Webinar Length : 50 mins

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  • 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.
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This course was written by: Cory Lewis, B.A., LL.B., LL.M., C.A.E., is a regulatory and commercial attorney with experience in Canadian multi-level marketing and direct selling law, Manitoba real estate, Canadian trade-marks and incorporation since 1985.

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