Negotiation: Beyond interests, issues, positions


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

Read the CPD info below to learn whether you may earn credit for this course. In BC and MB some situations have test requirements.

  • 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.
Picture of Cory Lewis

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.

Groundpaperbits.com Accreditation Information

This document is updated as accreditation applications are submitted, as responses are received, and as we learn of changes to jurisdictional rules.

You are solely responsible for confirming the accuracy of these jurisdictional rules for your jurisdiction.

Accreditation jurisdictions (status shown in chart below)

Only BC, NB, and SK require accreditation of all courses.

ON requires accreditation of Professionalism topics but not Substantive topics. ON limits CPD hours via video and podcast to 6 hours per year.

BC, NB, and ON accreditation usually takes 30 days from submission.

SK accreditation requires the lawyer to check the database to learn whether the course is accredited and, if not, ask the law society to accredit it. Course providers may not request accreditation and SK does not notify us when they accredit. So, call Linda Euteneier at the law society (306) 569-8242 and she will address accreditation.

Non-Accreditation jurisdictions

Each of AB, MB, NL, NS, and PE have their own subject matter list of what may qualify for CPD and let the individual lawyers make the initial determination of whether a course qualifies. The law societies reserve final say on whether a course qualifies.

Format hour limits

ON limits CPD hours via pre-recorded video and pre-recorded podcast to 6 hours per year.

PE limits CPD hours via pre-recorded video and pre-recorded podcast to 4 hours out of 24 every two years.

Test requirements

MB requires lawyers to take tests to earn CPD credit from pre-recorded formats such as videos and podcasts.

BC requires lawyers to take tests to earn CPD credit from pre-recorded formats such as videos and podcasts if viewing or listening alone without another lawyer/articling student attended the archived Webcast session.

Here is the accreditation status of our courses:

V = video format

P = podcast format

W = live webinar format

If you don't see the accreditation document below or if you can't scroll to read all of it, click here to go to the document via a new browser window or tab.

Course BC NB ON
Interviewing and counseling about moral differences V = Yes . 33 hrs Prof resp & ethics
P = Yes . 33 hrs Prof resp & ethics
W = not submitted
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Interviewing and counseling design and decor Not accredited as not among allowed topics. Not accredited as not among allowed topics. V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Interviewing with open-ended questions V = Yes .33 hrs of Lawyer Skills
P = Yes .33 hrs of Lawyer Skills
W = not submitted
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Negotiation: Interests, issues, positions V = Yes .45 hrs of Lawyer Skills
P = Yes .45 hrs of Lawyer Skills
W = Yes .75 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes 1 hr
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Beyond interests, issues, positions V = Yes .54 hrs of Lawyer Skills
P = Yes .54 hrs of Lawyer Skills
W = Yes .83 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes 1 hr
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 1 V = Yes .4 hrs of Lawyer Skills
P = Yes .4 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 2 V = Yes .3 hrs of Lawyer Skills
P = Yes .3 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 3 V = Yes .3 hrs of Lawyer Skills
P = Yes .3 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours