Consensus Building

Sherwin William A. Cuasay, PhD, EnP, LPT

University of Batangas
Graduate School
Negotiation is a fact of life.

Everyone negotiates
something everyday.
Classic negotiation: Haggling
Why Positional Bargaining is ill-
advised

Arguing over positions…

 produces unwise arguments.

 is inefficient.

 Endangers an ongoing relationship.

Alternative: Principled Negotiation

 Separate people from the problem.

 Focus on interests, not positions.
 Generate a variety of possibilities
before deciding what to do.
 Insist that result be based on some
objective criteria.
Separate people from the problem

 Why? – Emotions typically become

entangled with the objective merits of
the problem.
 Remember – The “other side” too has
emotions, deeply held values, different
backgrounds and viewpoints.
 How to separate people from the
problem

 Put yourself in their shoes.

 Don’t blame them for your problem.
 Allow the other side to let off steam. Listen
quietly without responding to attacks.
 Active listening.
 Speak to be understood. Negotiations are
not a debate, nor a trial.
How to separate people from the
problem

 Speak about yourself, not about them.

 Speak for a purpose.
 Build a working relationship.
Focus on interests, not positions

 Interest – desires and concerns behind

positions.
 Compromising between positions is
not likely to produce an agreement
which will effectively take care of
human needs that led people to adopt
those positions.
Why focusing on interests works

1. For every interest, there usually exist

several possible positions that could
satisfy it.
2. Behind opposed positions lie many
more interests than conflicting ones.
How to focus on interests

Identifying interests
 Ask “Why?” and “Why not?”.
 Each side has multiple interests.
 The most powerful interests are basic
human needs.
 Security
 Economic well-being
 Control over one’s life
How to focus on interests

Talking about interests

 Be specific. They add impact and make your
description credible.
 If you want the other side to appreciate your
interests, begin by appreciating theirs.
 Give your interests and reasoning first and
your conclusions and proposals later.
How to focus on interests

 In answering “why?”, look forward, not

backward.
 Attack the problem without blaming the
people.
Invent options for mutual gain

 Expand the pie before dividing it.

 Classic example: children fighting over
an orange.
How to invent options

 Brainstorming – separating inventing

from the act of judging.
 Broaden options
 Invent agreements of different strengths.
 Change the scope of proposed
agreement.
 Identify shared interests.
Insist on using objective criteria

 Fair standards
 Market value  What a court would
 Precedent decide
 Scientific judgment
 Moral standards
 Professional
 Equal treatment
standards  Tradition
 Efficiency  Reciprocity
 Costs
Insist on using objective criteria

 Fair procedures
 “one cut, the other chooses”
 Taking turns
 Drawing lots
 Letting someone else decide
Know your BATNA – and the
other side’s as well.
Some tips
 Prepare.
 Clarify responsibilities.
 Set agenda and ground rules.
 Seek expert input into joint fact-finding.
 Use help of professional neutral.
 Use single text procedure.
Some tips
 Adhere to agreed upon decision-
making rules.
 Keep a written record of commitments
made by participants.
 Provide for ongoing monitoring of
implementation.
 Provide for adaptation to changing
circumstances.
Thank you.