Conflict Resolution: Starting
Point for Reform
One MN Legislative Conference
2012
David Landis
Problem Solving Model
•Mess
•Identify problems
•Agree on problem
•Identify solutions
•Evaluate solutions
•Implementation plan
Legislative Model
Consent to the governed- elections
Majority rule- legitimacy
Rule of Law- outputs
Consensus Building Model
Convener
Initial Stakeholders
Neutral Process Manager Selected
Rethink Stakeholders
Stakeholder Analysis
Consensus Building (cont.)
Stakeholder Analysis
• motivations, preferences, resources
Joint session
Single text procedure
• seek criticism, improve
Consensus Building (cont.)
Process manager completes single text
Stakeholders asked:
“Can you live with this?”
Role #1
Your mother says, “Go to the store. Bring
me an orange. You come home without
an orange and you’ll be in trouble.”
Role #2
Your mother says, “Go to the store. Bring
me an orange. You come home without
an orange and you’ll be in trouble.”
Role #3
Your mother says, “Go to the store and
bring me an orange. Family is coming
over tomorrow, I’m going to peel the
orange and cut up the pulp for a fruit
salad. Bring me an orange or you’ll be in
trouble.”
Role #4
Your mother says, “Go to the store, bring
me an orange. Family is coming over
tomorrow. I’m going to peel the orange
and grate the peel to flavor some orange
bread I’m making. Bring me an orange
or you’re in trouble.”
5 into 2
• No division of items
• No side deals
• Must divide all five between you
• Divide in 2 minutes or get nothing
• Item:
– 5 crisp $1,000 bills
5 into 2
• All the same rules
• Items:
– 2 tickets, great concert
– Designer jacket
– Glider flight over Grand Canyon
– Elegant fine French meal and wine for 2
– Martha Stewart cooks and cleans
Worker’s Comp Deal
Business
Dr. Choice
Managed Care
Indexed Benefits
Safety Comm./
Inspectors
Labor
Worker’s Comp Deal
Business
Dr. Choice
Yes
Managed Care
Yes
Indexed Benefits
No
Safety Comm./
Inspectors
No
Labor
Worker’s Comp Deal
Business
Labor
Dr. Choice
Yes
No
Managed Care
Yes
No
Indexed Benefits
No
Yes
Safety Comm./
Inspectors
No
Yes
Worker’s Comp Deal
Business
Labor
Dr. Choice
Yes
1
No
Managed Care
Yes
2
No
Indexed Benefits
No
3
Yes
Safety Comm./
Inspectors
No
4
Yes
Worker’s Comp Deal
Business
Labor
Dr. Choice
Yes
1
No
3
Managed Care
Yes
2
No
4
Indexed Benefits
No
3
Yes
1
Safety Comm./
Inspectors
No
4
Yes
2
Shared Interests – valued alike
• An 800 phone number for workers’ rights.
• Better enforcement against companies
without work comp.
• Informal dispute resolution method.
• Higher contribution from unsafe
businesses.
Tools for Mutual Gain
• Interests before positions
• Priorities traded across differences
• Fair process norms
• Objective criteria
• Trust through authentic communication
Conflicting Interests
• Definition:
– Valued alike, in opposition (money is the
most common
• Strategy
– Use objective criteria to insure fair results
Complementary Interests
• Definition:
– Elements valued differently
– Need at least two to link
• Strategy
– discover, link, maximize
Shared Interests
• Definition:
– Valued alike, good for both
• Strategy
– Discover, maximize
– No need to link
Talk early
Talk late
Talk often
Debate often
Start with problem
Start with solutions
Start with interests
Start with positions
Generate options
Narrow options
Invent, then evaluate
Constant evaluation
Stakeholders interact
Stakeholders do not
Neutral process
manager
Partisan process
manager
Search for standards
Search for votes
What can you live
with?
What do you want?
Problem Solving Negotiation
“Good luck and good negotiating.”
Dave Landis
[email protected]
Focus on Interests before Positions
• Interests = underlying motivations
– The answer to “why?”
• Positions = “yes or no” options
– The answer to “how much?”
• Focusing on interests induces problem solving
because they are flexible and create
satisfaction.
Invent Options for Mutual Gain
• Brainstorm method of advancing parties’
interests
• Invent first, then decide
• Link differences, priorities
• Maximize shared interests
Use Objective Criteria
• Learn marketplace
• Frame dispute as a joint search for fair
standards
• Adjust standards for unique circumstances
• Open with an offer you can justify
Separate People from the Problem
Be unconditionally cooperative on process
– Good listening
– Fair characterizations
– Symbolic gestures
Separate Problem from the People
Be firm on fair outcomes
– Trade cooperation
– Reason, be open to reason
– Results need a fair, reasonable basis