Interest-Based Bargaining! Finding your way to innovative and durable solutions!

3 Steps to Effective IBB Training In order to have Dialogue, we mu333st: 1 st 2 nd Self Control 5 Overarching themes, controlling emotions during conflict, dialogue, trust Group Dynamics Consensus decisionmaking, working styles, teambuilding, culture of discipline Process 3 rd A clear and agreed upon process to solve problems: Interest-based bargaining (IBB)

SELF CONTROL

5 Overarching Themes: In order to have Dialogue, we mu333st: Control and Choice Positive or negative behavior your choice Behavior gets you to your goal Goals and Behavior Beliefs and Behavior Behavior follows your beliefs

5 Overarching Themes: In order to have Dialogue, we mu333st: Conscious Competency What role did your behavior play in the escalation of the dispute Mind, Body, Heart, Spirit Four Dimensions of a person

4 Dimensions of a Person In order to have Dialogue, we must: Mind Body Heart Spirit Use me creatively! Pay me fairly! Treat me fairly! Make my work meaningful!

DIALOGUE

Dialogue is - a free flow of meaning/information between two or more people. He talks I listen. Fill the Pot with all relevant Info Pool of Shared Meaning (Birthplace of Synergy) (Measure the Group s IQ) She talks I listen

Dialogue Has a Beginning and Ending! A. Start with Heart (Motive) 1. Ask Yourself? 1. What do I want for myself? 2. What do I want for Union or Management? 3. What do I want for the Labor/Management relationship?

Dialogue Has a Beginning and Ending A. Start with Heart (Motive) 2. Then Ask How would I Behave if I really wanted these results? 1. If my behavior is consistent with my wants: Dialogue! 2. If my behavior is inconsistent with my wants: No Dialogue!

PAGE TITLE GOES HERE Trust!

TRUST A function of two things: Character Competence integrity, motive, intent with people capabilities, skills, track record

GROUP DYNAMICS

If you can answer yes to each question:333st Can everyone live with the decision? Has everyone been heard? Will everyone actively support the decision? Consensus

A. Analytical B. Driver C. Amiable D. Expressive

Stage 1: Forming : Testing Polite, Impersonal, Watchful, Guarded (Team needs direction and alignment) Stage 2: Storming: Infighting Controlling conflict, confronting people, opting out, feeling stuck. (Team needs role clarification and code of conduct)

Stage 3. Norming : Getting Organized Developing skills, establishing procedures, giving feedback, confronting issues. (Team needs a process to flow) Stage 4: Performing: Mature Closeness Resourceful, flexible, open, effective, close and supportive. (Leadership is shared and there is a high level of trust and team spirit)

CULTURE OF DISCIPLINE

The ultimate measure of a man in not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. Martin Luther King, Jr. 24

Negotiating Teams Must Create A: Culture of Disciplineu333st: Leadership: Focus on the organization not yourself Thought: Accept barriers and find a way around them Action: Accept accountability and responsibility for your actions Culture of Discipline

Interest-Based Bargaining

Union s Interests NEGOTIATING PRESSURES Management s Interests Assignments Association s Internal Politics Association s Constituents Interests Comparable Contracts Wages Overlapping Interests Community Needs Staffing Health Benefits Budget Promotions City Council s Internal Politics Other City Employees Interests

Interest-Based Bargaining A method of Problem Solving in which the interests of all parties involved are addressed, multiple solutions and creativity are encouraged and issues are addressed through open dialogue and information sharing.

INTEREST-BASED BARGAINING IS BASED ON P.A.S.T. Principles Assumptions Steps Techniques which Trained problem-solvers use to achieve positive results for both parties

INTEREST-BASED BARGAINING: PRINCIPLES Focus on issues, not personalities Focus on interests, not positions Create options to satisfy both mutual and separate interests Evaluate options with standards, not power Focus on present, not past

INTEREST-BASED BARGAINING: ASSUMPTIONS Problem solving enhances relationships Both parties can win Parties should help each other win Open discussion expands mutual interests and options Standards can replace power in solving problems

INTEREST-BASED BARGAINING: STEPS Identify the problem Discuss all interests Generate options Select standards to evaluate options Evaluate options using those standards Develop solution and capture in writing

INTEREST-BASED BARGAINING: TECHNIQUES Brainstorming Consensus Decision-Making

PROBLEM SOLVING PROCESS STEPS 1. ISSUES (What is the problem?) 2. INTERESTS (Why is it a problem?) 3. OPTIONS (How might we solve it?) 4. STANDARDS (How shall we evaluate the options?) 5. JUDGE OPTIONS WITH STANDARDS Idea Chart T H R O U G H O U T TECHNIQUE a. Identify Issue b. Discussion/Info Sharing c. Consensus/Agreement on the Issue a. Identify Interests Separate and/or Mutual b. Discussion/Info Sharing c. Consensus on Mutual Interests a. Brainstorming a. Discussion and Consensus on Standards to be used a. Discussion and Consensus on which Option to use Memorialize Solutions in Writing

Problem Solving Cycle

PROBLEM SOLVING CYCLE Enter Phase I. Planning For Problem Solving Phase II. Interest-Based Bargaining (Solution) Phase IV. Evaluating The Solution Phase III. Developing An Implementation Plan

STEPS LOOK AT THEM ONE AT A TIME! Identify the problem Discuss all interests Generate options Select standards to evaluate options Evaluate options using standards Develop solution and capture in writing

FIRST, IDENTIFY THE PROBLEM(S) AND/OR /ISSUES

STEP 1: IDENTIFY THE ISSUE WHY To ensure a common understanding of the problem

STEP 1: IDENTIFY THE ISSUE: HOW 1. Develop a question with Subject - What the problem is about Issue - Identifies issue 2. Begin with How might we 3. Cannot be answered Yes or No 4. Contains no solutions 5. Contains no accusations nor inflammatory words

SUBJECT (What the problem is about) Scheduling Customer service Dress requirements Overtime costs

ISSUE Identifies the issue regarding the subject overlap in schedules improving customer service more relaxed dress code controlling overtime costs

QUESTION Begins How might we? How can we? Cannot be answered yes or no Contains no solutions Contains no accusations nor Inflammatory words

PROPER QUESTIONS How might we avoid overlap in the schedules? How might we improve customer service? How might we relax the dress code? How can we control overtime costs?

MY SUPERVISOR NEEDS TO STOP BEING SO PICKY ABOUT DRINKING COFFEE AT THE WORK STATION. Subject: Policy / Rule Issue: Flexibility Question: How might we allow more flexibility concerning work place refreshments?

TRIAL QUESTION: Since management is not concerned about us, we need a fire alarm in every office. Identify: Subject and Issue Begin with How might we Cannot be answered with yes or no Does not suggest a solution Contains no accusations

SAMPLE ANSWER: Since management is not concerned about us, we need a fire alarm in every office. Subject: Working Conditions Issue: Office Safety Begin with How might we improve office safety? Cannot be answered with yes or no Does not suggest a solution Contains no accusations nor inflammatory words

STEP 1: IDENTIFY THE ISSUE: 1. Develop a question with Subject - What the problem is about Issue - Identifies issue 2. Begin with How might we 3. Cannot be answered Yes or No 4. Contains no Solutions 5. Contains no accusations nor inflammatory words

STEP 2: DISCUSS ALL INTERESTS: WHY 1. To illustrate interests with needs and concerns 2. To distinguish between positions and interests 3. To define and use common interests

3 WAYS TO RESOLVE ANY DISPUTE 1.Determine who is more powerful. 2.Determine who is right. 3.Reconcile underlying interests.

POWER IS... The ability to coerce someone to do something he/she would not otherwise do.

COMMON MANIFESTATIONS OF POWER Acts of Aggression (Win/Loose) and Withholding Benefits From the Relationship

SOLVING THINGS VIA POWER Using Power to resolve conflict : Demands retaliation Breeds a build-up of hostility Creates a never ending cycle Doesn t solve the problem

RIGHTS ARE... Independent standards with legitimacy or fairness; such as law or contract. Other rights that are socially accepted standards of behavior such as, equality or seniority.

CHARACTERISTICS OF RIGHTS They are rarely clear. Who is right and who is wrong often depends on the situation and requires a judgment call.

THE PROBLEM WITH RIGHTS Solves who is closest to being right, not the problem Requires a neutral, arbitrator or judge and create: WINNERS AND LOSERS

INTERESTS ARE... Our Needs Our Desires Interests underlie positions. Our Concerns Our Fears Our Goals

IBB ASSUMES PARTIES INTERESTS OVERLAP, BUT NOT 100% Interests of Party A IBB Focuses On Overlapping Interests Interests of Party B Traditional Bargaining Focuses on Separate Interests

POSITIONS VS. INTERESTS POSITION A position is one party s solution to a problem. A position statement often answers the HOW question. INTEREST An interest is one party s concern or need underlying the problem. An interest statement often answers the WHY question.

WHAT TO DO WITH INTERESTS Understand your own interests Explain them to the other side Listen and understand their interests Look for mutual interests

MUTUAL INTERESTS 1. Identical interests to yours 2. Conceptually similar interests 3. Interests of others you can support

REMEMBER: POSITIONS VS. INTERESTS POSITION A position is one party s solution to a problem. A position statement often answers the HOW question. INTEREST An interest is one party s concern or need underlying the problem. An interest statement often answers the WHY question.

STEP 3: GENERATE OPTIONS: WHY 1. To engage all participants 2. To explore a full range of creative ideas 3. To develop a solution to the problem which satisfies common interests

STEP 3: GENERATE OPTIONS METHODS: 1. Brainstorming 2. Best Practice 3. Expert Panel 4. Focus Group 5. Straw Design

GENERATING OPTIONS: BRAINSTORMING PHASE I Build on other s ideas Reserve judgment Aim for quantity Imagine wildly PHASE II Critical judgment Analyze Determine priorities No killer phrases

Chart all Options Give responsibility to team leaders Create oversight committee Create new structure Make procedures easy to understand Change policies to reflect new methods Standardize procedures Increase morale Empower staff

Screening Options Combine similar options Mark I for interests Mark C for communications Mark P for procedural options Mark T for new topics Mark S for solutions

STEP 4--GRADING OPTIONS 1. Issue 2. Interest 3. Options 4. Grading Options= The Feasibility Factor The Benefit Factor The Acceptability Factor

THREE STAGE FACTOR ANALYSIS The Feasibility Factor The Benefit Factor The Acceptability Factor Capable of being done? Contributes Improvements? Approved by Constituents?

THE FEASIBILITY FACTOR Relevant Question: Is the option capable of being done? Important Considerations: Workable Legal Affordable/Cost effective Understandable/Simple Flexible

Relevant Question: Does the option contribute improvement? THE BENEFIT FACTOR Important considerations: Satisfies important interests Harms important interests Solve the problem

THE ACCEPTABILITY FACTOR Relevant questions: Will the option be approved by constituents? Important considerations: If option cannot be approved as is, why not? Will the option be seen as fair and equitable? Is it worth re-working?

SELECT STANDARDS TO EVALUATE OPTIONS FAIR PRACTICAL EFFCIENT EFFECTIVE COST EFFECTIVE LEGAL CONSISTENT

TEST STANDARDS AGAINS EACH OPTION Compare options to standards Yes/No; consensus to pass Consensus on how used Focus on best options

Test Options against Standard Options 3 4 5 Fair Consistent Affordable Sellable Y Y Y N Y Y Y Y Y Y Y Y

REACHING A FINAL SOLUTION Decide if all of the best options can be retained If not, select options which satisfy the most interests

INTEREST-BASED BARGAINING STEPS Identify the problem Discuss all interests Generate options Select standards to evaluate options Evaluate options using standards Develop solution and capture in writing

Process Check Definition: Process check is a technique for monitoring and improving the team s conduct of the interest-based process and the intervention of team members

Process Check: When to use it? - at anytime in the problem-solving cycle when any team member feels that the principles are not being upheld, that the work is off track, or the team is not following the chosen process, or - at the end of each day.

Benefits of Process Checking:. Process check gives team members a structured opportunity to share their concerns or satisfactions with the team s work or day s activities.

How to Use it Any. team member can call for a process check if he or she feels that team members are moving off task or that someone is violating a ground rule.

How to Use it. Ask: (1) Are the current task and methods clear; (2) What adjustments might we make to get back on track with the task at hand; (3) Have we violated any of our ground rules or any principle of the interestbased process?

What to Avoid.- Avoid a tendency to debate another person s response to a question. - Remember that you are sharing perceptions and feelings, not deflating them.

What to Avoid.- While it is appropriate to ask open-ended questions to explore or better understand another s concern, it is not appropriate to challenge, criticize or ridicule their concerns.

Remember. The Benefits of a Process Check - Is to give a team member a structured opportunity to share his/her concerns or satisfactions with the team s work or day s activities.

NEXT STEPS Talk with your constituents about IBB Get their buy-in with the new approach Have constituents provide their contract concerns with interest not positions. ask Why something is a concern? Prioritize all concerns from easiest to most difficult Tackle concerns one at a time, Union then Management, then Union etc. Until all concerns are addressed Use a facilitator (at least for the first couple of rounds) Throughout negotiations, remember what was taught!

Follow-up contact information: Mike McMillion The McMillion Group, LLC Phone: 210.386.7219 Email: TheMcMillionGroup@satx.rr.com Website: http://themcmilliongroup.com