Alternative Dispute Resolution

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Alternative Dispute Resolution

• Module 8

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Alternative 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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Alternative 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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Elements of Solutions

• conflict management VS elimination
• alternative solutions VS contest
• shared responsibility for win-win VS win-lose
  scenario

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Areas of Potential Conflict in RED

• within or between community-based organizations
• between community-based organizations and
  Government

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Shared 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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Process 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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Power 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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Understanding 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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Understanding 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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Participants Input 8.1
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Negotiation Continuum

• Approach
• Violence,
• non-violent
• direct action,
• legislation

• Results
• win-lose scenario
• enforcement based on power
• feeling of oppression

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Negotiation 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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Negotiation 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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Negotiation Continuum (contd)

• depends on goodwill of parties
• environment of mutual trust
• best for addressing minor issues

Informed problem- solving
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Negotiation Continuum (contd)

• win-lose scenario
• passive approach
• no indication of agreement
• no indication of support or interest

Avoidance
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Principles/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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Qualities 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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Qualities 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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Participants Input 8.2
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Preparation
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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Information 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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Establishment 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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Definition 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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Options 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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Negotiation 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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Negotiation Table (contd)

• Provide opportunities for exploratory talks.
• Reach agreements on spokespersons.
• Initial partial agreements.

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Participants Input 8.3
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