H. Negotiation

Conflict is a basic part of EOHS.   All too often, however, EOHS professionals tend to see science 
as the ultimate approach to resolving conflicts.  Science is not always objective -- for example, someone 
calling themself a scientist can present skewed information.  However, in a deeper way, conflicts 
are often based on fundamental conflicts in the values of the different participants.   Because of these 
conflicting values, we need negotiation.
 
On the other hand, negotiation is not always the best approach to conflict.  Some conflicts resolve 
themselves naturally over time.  Other conflicts, as a result of escalating, my capture the attention of 
policymakers which may lead to solutions even better than an early negotiation. 
 
One of the biggest fallacies is the role of trust in a negotiation.  While trust can often be helpful to the 
process, the fact is that trust is not necessary for successful negotiation.  Indeed, the ability to verify that 
all participants are fulfilling their end of any bargain is actually more important than trust. Another fallacy 
is that a negotiated agreement is always the best solution.   The truth is,  the balance of power among the 
participants may be such that negotiation will not lead to any meaningful resolution.  Finally, it is a fallacy 
to believe that compromise is a basic part of principled negotiation.   Any kind of principled negotiation
must recognize that compromise is unacceptable if it damages one of the parties more than 
a non-compromise. 

 
1. win-win        an agreement that improves all parties
   negotiation:
 
 
2. zero-sum games:

the gains and losses of all parties equal zero. 
 

3. positions:     what you want
 
 
4. interests:     why you want it 
 
 
5. Principled     based on interests  
   negotiation:  (distinguished from compromise)
 
                                        Principled negotiation is not based on positional bargaining (i.e., positions).
                                 Instead, it is based on interests.  
                 
6. BATNA:         best alternative to a negotiated agreement    
                                      A key aspect of negotiation is to increase your BATNA. 
 
7. Delphi         a group technique (normally used for forecasting)
   technique:        anonymous, statistical, iterative                                   
 
 
8. pre-           getting started (preconditions)   
   negotiation:   representation                              
                  agenda = the areas open for negotiation                            
                  protocol = rules for proceeding with negotiation                          
                  joint fact-finding                
 
 
9. negotiation:   inventing options           
                  packaging agreements        
                  written agreements          
                  commitment, ratification    
      
 
10. post-         linking to government       
    negotiation:  monitoring                           
                  renegotiation               
 
 
11. Mediation 
 

A mediator is someone who assists negotiation.  By definition,
meditation is voluntary.  Therefore, all parties must agree
to having the mediator.  A mediator is not always needed to resolve conflicts -- the 
parties may be skilled at negotiation and may not need these services.  Also, some conflicts are 
relatively simple and do not need the services of a mediator. 
 
Mediation does not require a legal suit or any other legal action.  
A mediator is not an arbitrator, because arbitrators are normally court-appointed, 
and therefore not purely voluntary. Technically, a mediator is not a neutral third party, because 
they do have an interest in resolving the conflict. 

12.A mediator should nver start by offering a solution.  If both parties reject the solution, the mediator has lost a great deal 
of credibility.  However, mediators can assist parties by the use of various tools  (which will be discussed further in class): 
 
 
                  A. No-risk narrowing of options         
                  B. "Collection of agreements" vs. "Boulder in the road"                
                  C. External pressure                    
                  D. Deadlines and marathon sessions                      
                  E. Deflating extreme positions                          
                  F. Consequences of no agreement: BATNA                  
                  G. Mediator's proposals   
 

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