Title: Alternative Dispute Resolution
1Alternative Dispute Resolution
2Alternative Dispute Resolution
Objectives
- to identify a resolution mechanism that results
in win-win scenarios - to analyze the role of power in dispute
resolution - to identify negotiation techniques
- to analyze a negotiation process
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3Alternative Dispute Resolution
If you come to help me, then you are wasting my
time. But if you come here because your
liberation is bound up in mine, then let us
begin. Lily Walker
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4Elements of Solutions
- conflict management VS elimination
- alternative solutions VS contest
- shared responsibility for win-win VS win-lose
scenario
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5Areas of Potential Conflict in RED
- within or between community-based organizations
- between community-based organizations and
Government
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6Shared Decision-Making
- On a certain set of issues, for a defined period
of time, those with authority to make a decision
and those who will be affected by the decision
are empowered to jointly seek an outcome that
accommodates rather than compromises the
interests of all concerned. - Government of British Columbia
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7Process Design
- The parties design and develop the process,
becoming involved in the following - assessing the appropriateness of the approach
- negotiations
- implementation
- monitoring and evaluation
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8Power Effects
- Power is the capacity to produce an intended
effect. - A reliance on power leads to a hardening of
positions. - The use of power creates imbalances and is a
major factor in determining solutions.
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9Understanding Power
- Power may be
- real or perceived
- obvious or hidden or
- stated or inferred.
- Goal
- bring balance to create cooperative environment
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10Understanding Power (contd)
- Power may have a formal, legal, personal, or
knowledge basis. - Power may result from money, racial affiliation,
age, or emotional manipulation.
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11Participants Input 8.1
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12Negotiation Continuum
- Approach
- Violence,
- non-violent
- direct action,
- legislation
- Results
- win-lose scenario
- enforcement based on power
- feeling of oppression
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13Negotiation Continuum (contd)
- third party makes a decision based on submissions
- win-lose scenario
- little support for implementation
Litigation and/or arbitration
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14Negotiation Continuum (contd)
- third party plays a process role
- third party ensures open and continuous
communication - expansion of range of possible solutions
- ownership of outcomes
- empowerment
- redistribution of authority
- shared commitment and responsibility for
implementation - saving of time and money
Mediation, conciliation, negotiation
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15Negotiation Continuum (contd)
- depends on goodwill of parties
- environment of mutual trust
- best for addressing minor issues
Informed problem- solving
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16Negotiation Continuum (contd)
- win-lose scenario
- passive approach
- no indication of agreement
- no indication of support or interest
Avoidance
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17Principles/Tactics for Negotiating
- 1. Separate the people from the problem.
- 2. Focus on interests, not positions.
- 3. Invent options for mutual gain.
- 4. Know your best and worst scenarios.
- 5. Respect the opinions of all.
- 6. Empathize, do not sympathize.
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18Qualities of a Negotiator
He/she
- demonstrates an ability to listen deeply and
accurately - works to build trust and facilitates
communication - works beyond perceptions and questions
assumptions
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19Qualities of a Negotiator (contd)
- ensures discussions deal with interests VS
positions - looks for imaginative and innovative solutions
- looks for mutually acceptable outcomes
- asserts the point of view of constituents
- is prepared and
- remains open to solutions.
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20Participants Input 8.2
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21Preparation
Information gathering
- Identify existing levels of agreement.
- Know as much as possible about the opposing
party. - Identify other possible options for a resolution.
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22Information gathering (contd)
- Know about any third parties.
- Know the importance of relationships and
outcomes. - Know the locations and times of meetings.
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23Establishment of Expectations
Try to establish
- commitment to the process
- the authority of negotiators
- a mutual desire for an acceptable outcome
- ground rules
- a positive, future-focussed tone and
- areas of agreement.
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24Definition of Issues
- Table all issues before negotiations start to
build trust, eliminate surprises. - Avoid stating positions.
- Recognize interests and clarify information.
- Emphasize common areas.
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25Options and Solutions
- Avoid putting forward lists of demands which
prevent generating solutions that result in
win-win situations. - Generate as many options as possible.
- Identify those that maximize mutual gains.
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26Negotiation Table
- Ensure all stakeholders have a seat (be
inclusive). - Ensure negotiators have authority from their
constituencies. - Build in opportunities for negotiators to consult
with their constituencies so that agreements will
hold.
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27Negotiation Table (contd)
- Provide opportunities for exploratory talks.
- Reach agreements on spokespersons.
- Initial partial agreements.
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28Participants Input 8.3
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