Rabia Mustafa* and Sharafat A. Chaudhry**
Chapter 3 of the book ‘Getting to Yes Negotiating an Agreements without Giving in” is about focusing interests, not on positions.
In negotiations, the focus should be on interests rather than positions. The basic problem lies in the conflict between each side’s needs, desires, concerns, and fears. Interests motivate people and are the silent movers behind the hubbub of positions. Reconciling interests rather than positions is effective in negotiations as it allows for the identification of shared and compatible interests. For every interest, multiple possible positions could satisfy it, and by examining behind opposed positions, one can often find an alternative that meets both interests. This approach also helps in identifying conflicting interests, as opposed positions often have conflicting ones.
How to Identity Interests?
To identify interests in negotiations, one can ask ‘Why?’ by examining each position taken by the other party and understanding their needs, hopes, fears, or desires. This can help in understanding the interests involved in the negotiation.
To construct the other side’s currently perceived choice, first ask ‘Whose decision do I want to affect?’ and then consider what decision people on the other side now see you asking them to make. If you don’t know what they think they are being called on to do, they may not either, which may explain why they are not deciding as you would like. By understanding the interests involved in a negotiation, you can better navigate the complex dynamics of negotiations and make informed decisions that benefit both parties involved.
Realize that Each Side has Multiple Interests
Analyzing the consequences of agreeing or refusing to decide is crucial in negotiations. It is important to consider the impact on one’s interests, political support, colleagues, group interests, short-term and long-term consequences, economic implications, and public opinion. It is essential to recognize that each side has multiple interests, not just one. A common error in diagnosing a negotiation situation is to assume that everyone on the other side has the same interests. This is rarely the case, as it is difficult to influence any person or faction involved without understanding the differing interests of the various people and factions involved.
The Most Powerful Interests are Basic Human Needs
To understand a negotiator’s interests, it is essential to consider the variety of differing interests they need to consider. Basic human needs, such as security, economic well-being, a sense of belonging, recognition, and control over one’s life, are the most powerful interests. These needs can be overlooked in negotiations, but they are fundamental to all people and groups. Negotiations are not likely to progress as long as one side believes that the fulfillment of their basic human needs is being threatened by the other.
Making a List to Communicate Effectively
To effectively negotiate, it is essential to make a list of the interests of each side and communicate them constructively. This will help improve the quality of your assessment and stimulate ideas for meeting these interests.
Make your Interests Come Alive
To make your interests come alive, be specific and provide concrete details that make your description credible and impactful. Inviting the other side to correct you if you are wrong shows openness and acceptance of your description of the situation. Establish the legitimacy of your interests by convincing them that the problem you face legitimately demands attention.
Acknowledge their Interests as Part of the Problem
Acknowledge their interests as part of the problem and demonstrate that you appreciate theirs. People listen better if they feel that you have understood them and are intelligent and sympathetic.
Put the Problem before your Answer
Put the problem before your answer and give your interests and reasoning first, followed by your conclusions or proposals. For example, tell the company about the dangers they are creating for young children and your sleepless nights.
The Question ‘Why’ has Two Meanings
People often react to what others have said or done, often in a negotiation-like pattern. The argument is that it is a ritual or pastime with no purpose. When asked why they are arguing, people often identify a cause rather than a purpose. The question ‘Why?’ has two meanings: one looks backward for a cause and treats behavior as determined by prior events, and the other looks forward for a purpose and treats behavior as subject to our free will.
Look into Future
We can choose to look back or look forward to satisfy our interests better. Instead of arguing about the past, focus on what we want to happen in the future and ask who should do what tomorrow.
Be Concrete, but Flexible
In a negotiation, it is essential to be concrete but flexible, converting your interests into concrete options and treating each option as illustrative. This allows you to be open to fresh ideas and stimulates creativity in finding mutually advantageous solutions.
It is Better to be Hard on Problem and Soft on People
Be hard on the problem, soft on the people, and give positive support to the other side. This combination of support and attack can help increase the pressure for an effective solution and improve the relationship and likelihood of reaching agreement. Cognitive dissonance, a psychological theory, suggests that people dislike inconsistency and will act to eliminate it. By attacking a problem and providing positive support to the other side, you create cognitive dissonance, allowing them to dissociate themselves from the problem and join you in doing something about it.
In conclusion, understanding the different interests of different parties in a negotiation is crucial for successful negotiations. By recognizing the diverse interests of both parties, negotiations can lead to better outcomes and, ultimately, a more harmonious and productive outcome.
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* The write is a Linguist and Senior Research Fellow at School for Law and Development
** The write is an Advocate, internationally accredited Mediator and the author of Law and Development.