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Next you might ask yourself how the other side perceives your demands. What is standing in the way of them agreeing with you? Do they know your underlying interests? Do you know what your own underlying interests are? If you can figure out their interests as well as your own, you will be much more likely to find a solution that benefits both sides. You must also analyze the potential consequences of an agreement you are advocating, as the other side would see them. This is essentially the process of weighing pros and cons, but you attempt to do it from the perspective of the other side.
Then you will be better equipped to negotiate an agreement that will be acceptable to both of you. There are a few other points to remember about identifying interests. First, you must realize that each side will probably have multiple interests it is trying to satisfy. Not only will a single person have multiple interests, but if you are negotiating with a group, you must remember that each individual in the group may have differing interests. Also important is the fact that the most powerful interests are basic human needs - security, economic well being, a sense of belonging, recognition, and control over one's life.
If you can take care of the basic needs of both sides, then agreement will be easier. You should make a list of each side's interests as they become apparent. This way you will be able to remember them and also to evaluate their relative importance. After interests are identified, the parties need to work together cooperatively to try to figure out the best ways to meet those interests. Often by "brainstorming" -- listing all the options anyone can think of without criticizing or dismissing anything initially, parties can come up with creative new ideas for meeting interests and needs that had not occurred to anyone before.
The goal is a win-win outcome, giving each side as much of their interests as possible, and enough, at a minimum that they see the outcome as a win, rather than a loss. Using Integrative and Distributive Bargaining Together Although distributive bargaining is frequently seen as the opposite of integrative bargaining, the two are not mutually exclusive.
Distributive bargaining plays a role in integrative bargaining, because ultimately "the pie" has to be split up. Integrative bargaining is a good way to make the pie joint value as large as it possibly can be, but ultimately the parties must distribute the value that was created through negotiation.
They must agree on who gets what. The idea behind integrative bargaining is that this last step will not be difficult once the parties reach that stage.
This is because the interest-based approach is supposed to help create a cooperative working relationship. Theoretically, the parties should know who wants what by the time they split the pie.
New York: Penguin Books, Use the following to cite this article: Spangler, Brad. Guy Burgess and Heidi Burgess. Next I will share 5 conflict experiences where the story lends itself to a negotiation lesson of general application. Two conflicts failed and three succeeded. The purpose of the negotiation was to persuade NKK to invest , build and operate a steel mill in the province.
The local negotiators were the City of Seattle and the BC province. I was on the negotiating team and after more than 80 years of failure we made a deal that became an International Treaty between the US and Canada. For the first time in Canada the law removed labour injunctions from the jurisdiction of the civil courts.
Also a new administrative body with very broad powers like a labour court given the power to regulate strikes, picketing and collective bargaining. Matkin "Tis the set of the sails and not the gales that determines the way we go. I want to explore some fresh ideas that will help us to manage better the conflict that exists in our industrial relations environment.
Conflict arising from competing interests has been with us from the beginning of civilization. The problem is how we respond to conflict. How do we negotiate? As the poet said, "Tis the set of the sails and not the gales that determines the way we go.
In British Columbia, for example, we have gone through strife in our collective bargaining and have weathered far too many storms. But from this very turbulent history there is now emerging a new opportunity for success. After years of confrontation we are on the road to reconciliation. There is a better attitude developing in the province that bodes well for the success of principled bargaining. The concept of principled bargaining is an approach to negotiations that is based primarily on the work of Dr.
Roger Fisherr of Harvard Law School. I have seen its value in my experiences with many difficult disputes over the years. Principled bargaining is different from positional or adversarial bargaining, the traditional method of negotiating that causes many problems. Principled bargaining is different because it reduces the importance of haggling by creating a more constructive dynamic where objective criteria are debated.
This is not an Utopian idea because it is drawn from practical with experience. Principled bargaining is based on five key practices: bargaining from principle rather than Position; treating your opponents with respect; responding to opposition with integration; finding an agreement based upon the justice of the situation; making tirnely and positive commitments. The importance of using principle, respect, integration' justice and timeliness in bargaining is that these ingredients will create a more constructive negotiation experience.
I have struggled with many difficult conflicts in my career as a government trouble shooter. I was the Deputy Minister of Labour in British Columbia during some very serious confrontations between labour and management.
I worked with the west coast longshore unions 15 years ago and helped the special mediator Chief Justice Nemetz appointed by an Act of the Canadian Parliament to find a successful resolution to a dispute over manning that threatened the economy of the nation. I was green, but I watched closely and learned from experience about the art of negotiating. I had first-hand experience with corrosive positional bargaining and the terrible tol1 it takes on relationships and the ability of contestants to generate options.
More recently I participated as Deputy Minister of Intergovernmental Relations in the major federal-provincial negotiations that produced the entrenched Charter of Rights and Freedoms in Canada. Why did these constitutional negotiations succeed in reaching agreement after 50 years of failure? Principled bargaining meant in the Canadian constitutional negotiations that the governments were prepared to look behind their positions to their interests and resolve the conflict of interests with principle.
The basic conflict was between two fixed positions representing different values. In this case' the competing principles were parliamentary supremacy and judicial review. And they arrived at their successful agreement for a new charter by negotiating the override clause into their agreement. On the other hand, we have suffered from strikes and lockouts in Canada where the parties have been caught in the vice of positional bargaining.
We saw the public sector unions in British Colunbia, in , take issue with the provincial government over its nethod of imposing restraint Bill 3, for example, before amendment allowed the government to fire public servants without cause. The result of this conflict was adversarial bargaining that brought us to the edge of a general strike. Soon after this conflagration we suffered negative impact to our economy from a dispute in the pulp and paper industry that closed down all the pulp mills for 20 weeks and eost us millions of dollars.
Again the value of principled bargaining was ignored by both parties as they held tenaciously to fixed positions out clarifying their interests. The pulp lockout was only ended by government legislation. Five days later a major bus dispute cornrnenced in the city of Vancouver that lasted 90 days.
This bus dispute was a paradigm of adversarial bargaining, with a major issue being the introduction of part-tirne drivers. There was a failure to look behind the positions taken on this issue and identify the principles or interests that were at stake in the demand for part-time drivers.
Because the parties were locked into fixed positions, the dispute became a struggle of willpower rather than a constructive search for the right answer to a problem. There is a better way to negotiate and f have labelled this better way - principled bargaining.
The concept of principled bargaining works because it meets our basic needs as human beings. First of all, principled bargaining allows the parties to restructure the problem in such a way that it is easier to generate options and this is the key to reaching agreements.
When options are easy to generate then conflict is easy to resolve. The value of restructuring is that it aIIows for an "imaginative reintegration of all the different items into a new pattern". Principled bargaining places value on the person. Principled bargaining creates a win-vin solution, by meeting opposition or resistance with integration.
Integration also means the creation of an inner unity as a centre of strength so that a negotiator "ceases to be a mere object acted upon by outside forces.
An agreement is not concluded until the parties are satisfied with the merits of the deal. Principled bargaining succeeds where adversarial bargaining fails because it helps with the timing of commitments. There is a time to invent and a time to decide. It is important to separate inventing from deciding, or the parties will be out of phase with each other. It is also important how negotiators make commitments because this will influence whether they can reach agreement with their opponents.
Principled bargaining takes a positive approach to commitments. Bargaining from Principle Rather Than Position In traditional bargaining the negotiators focus on their demands or positions and try to get the other side to capitulate.
One side loses in order for the other side to win. This is positional. In the principled approach, bargaining becomes an experience in clarifying interests and generating options. You focus on the interests or principles behind the demands and try to find the best position to satisiy the principle. For example, in the demand for part-time bus drivers there are at least two distinct principles or interests that may justify this position.
First there is the interest of financial restraint. A part-time driver Build Your Own Fishing Boat Free may be less costly to the system. The other possibility is the interest of increased service.
This objective also could be accomplished with part-time bus drivers. This does not mean that positions are unimportant. It does mean that principles are more important in negotiations. Yet most people bargain as though Build My Own Fishing Boat Edition Pdf positions were all that mattered. They are firm on position and soft on principle when it is better if you are hard on principle and soft on position.
Your interests must be satisfied, but there is usually more than one position that will do the job. The reasons against positional bargaining are given in the bestselling text co-authored by Dr. The more you clarify your position and defend it against attack, the more committed you become to it.
The more you try to convince the other side of the impossibility of changing your opening position, the more difficult it becomes to do so. Your ego becomes identified with your position. You now have a new interest in ttsaving facet' - in reconciling future action with past positions - making it less and less likely that any agreement will wisely reconcile the partiesr original interests. I believe that this 'locked in" effect occurred in the Canadian constitutional negotiations.
It was therefore necessary to help the parties break free from fixed positions by inventing some new options. Another major negotiation where the parties had been deadlocked for 40 years was a hydro dispute over the flooding of the sceenic Skagit Va11ey in the province of BC by the city of Seattle, Washington.
The city and the province had become addicted to positional bargaining where the negotiations had become a debating contest with each side scoring public bargaining points instead of listening and negotiating by principle. I joined the provincial bargaining team in and we tried a different approach. British Columbia proposed that instead of trading positional missiles in a contest of public relations we would adopt the technique of the single text bargaining.
Seattle agreed. Therefore, we stopped making offers and counter offers and started working from one text that framed our common positions as general principles.
Six months later an agreement was reached between seattle and BC that was turned into an International treaty between Canada and the United States in Principled bargaining helped in this success. Likewise, I also believe that the locked-in effect of positional bargaining occurred in the vancouver bus strike. The parties were unable after 90 days of striking to break free from their fixed positions and invent another solution.
The government had to intervene to break the deadlock. In prineipled bargaining the idea is to negotiate from the interest or principle which is more objective rather than from the position or demand which is more subjective. Treating Your Opponents with Respect Many negotiators think they are expected to be unprincipled and wily about the way they treat their opponents.
For some, being a shyster is slmonomous with being a negotiator. Deceit and taking unfair advantage are considered part of the game.
Yet every highly successful negotiator takes the opposite view and believes that integrity in your personal conduct and respect for your opponent is absolutely imperative. Even in the sharpest negotiations the most experienced say "integrity is so obvious that no one is prepared to question itt'. The result is less conflict wi. Effective communication between opposing sides happens when people talk and listen to each other.
By contrast communication becomes very much more effective when you develop rapport with your opponent. How do you build relationships in the competitive environment of negotiation. The answer lies in the concept of respect through mutual aeceptance and pacing. Mutual acceptance means that despite fundamental differences each side accepts the other as a legitimate negotiating partner with genuine interests.
Pacing means that you identify with the point of view of your opponent by building on your common interests. But how is this done? The golden rule makes a lot of sense for negotiations.
Therefore, treat your opponent with the same affirrnation, dignity and respect that you would like to have. How does this work when you meet hostility from your opponent? This is so because the other person can only resist something youtre doing or saying. The tougher the confliet, the more important it is to build effective relationships by pacing with your opponents and giving them respect and dignity.
An example of the dramatic effect that introducing more dignity and respect into negotiations can have is given by Wayne Alderson in his biography. An ugly strike occurred in the coal mines of Pittsburgh involving 2, miners and lasting for days.
Eventually it became the longest coal strike in the nationrs history. It had a positive effect. To value people is not a religious movement. Rather it is based on the fact that treating people right will be its own reward. Another advantage occurs when you bargain from interests rather than position, because both parties are able to be much more honest with each other. One reason is that you donrt know exactly how firm your position really is. Being honest is also important in treating people right.
Honesty is difficult in negotiations because there is always an element of poker or bluff. The parties are t'creating" an agreement. If they knew where the final outcome was they wouldn't be at the bargaining tab1e, but they do know more precisely what principle they are working towards. Honesty is a virtue that has positive effeets on the success of bargaining. Honesty will disarm some of the natural hostility of your opponent to your bargaining position.
When you succeed in improving the relationship between the parties you will also succeed in improving cormunication in negotiations. Responding to Opposition with fntegration In traditi'onal bargaining the approach is basically an eye for an eye.
If your opponent inflicts damage on you because you will not 7accept his position then you escalate the conflict by inflicting damage on him. In many negotiations both parties become blind from the retribution of the eonflict. Under the alternative of principled bargaining the approach is different. When faced with opposition, you turn this problem into an opportunity to integrate, that is, by bargaining over interests or principles you frustrate the struggle of will that leads to so much damage.
Bargaining becomes a more rational process. Ours is the age of integration. Integrated bargaining means matching or co-ordination of the parties progress. It is achieved by timing the different phases in the process of bargaining so everyone is on the same step or phase. Prenegotiation, 2. Formula 3. Crisis and settlement, 4. Detail and execution If you get all parties into the same phase at the same time this is integrated bargaining.
For example if one side has no will to negotiate they are in phase one and the other side starts offering options for a formula they are in phase two. This means the parties are not participating in integrated bargaining and as a result the negotiation often ends badly.
By looking for a solution that provides higher benefits to each side you disarm your opponent positional push. When you counter his opposition with support for a solution that meets his interests you take the negotiations to a higher level. The tough side of integrated bargaining comes from the strategy of matching, to be employed once you have primed the pump with some co-ordinative behaviour.
Before integration is possible, the parties must clarify their interests. For example, in the Vancouver bus strike it was not possible to integrate the opposing positions of part-time drivers versus no part-time drivers because the parties did not clarify what interests or principle they were trying to achieve. Also, integration is a concept that helps a negotiator with the "inner game" of bargaining. There is an inner game of negotiations just there is an inner game of tennis.
This means that you believe what you say and what you believe. The strength of inner unity is best illustrated by perhaps the most successful negotiator of all time - Mohandas K. Gandhi, who won the independence of India from England by practising some very simple virtues. Self-control was key to the power of his personality. Gandhi was a man without guiIe. Finding an Agreement Based Upon the Justice of the Situation Traditional adversarial bargaining is viewed as a power struggle between the parties with the most spoils going to the most powerful.
The notion of legitimacy or justice is often absent from positional bargaining. There is no judge of what is right or wrong and therefore anything goes. What the parties believe to be "fair" is the test of the justice of the situation. How does the idea of justice work in negotiations?
I suggest that an important factor is that the "justice" of the new formula influenced the key players to consent to the dea1.
I'Although it is not necessarily helpful to a successful outcome to make that aspect of the discussion explicit, it is useful for the parties to know what they are doing. A further value of principled bargaining is that the parties will be able to address the justice of the situation more effectively than positional bargaining allows. This is true because the bargaining is focused on interests or principles that can be measured by standards or objective criteria.
The Vancouver bus dispute offers another vivid example. If the interest was to increase service during peak traffic periods, then this objective can be measured very precisely. How many more passengers are to be carried and on how many routes? With this objective information in hand it is possible to assess whether there are options that satisfy the justice of the situation better than increasing the number of part-time drivers.
For example an option may be to negotiate a longer working week. Because an agreement may be frustrated unless it satisfies the partiesr basic needs it is important to be concerned about the quality of an agreement. By looking at the justice of the situation between the parties it is more likely that an agreement will be reached that will endure.
Make Timely and Positive Commitments Many veteran negotiators state that timing is everything in bargaining. Timing is very important to commitments. There is a basic need in negotiating to go through two distinct phases or seasons.
The first phase is directed towards finding a formula. During this phase, the essential activity is inventing a variety of possible commitments. The next phase is directed towards making a deal based on the options available.
During the second phase, the essential activity is deciding what commitments should be made. The best advice is to invent first and to decide later. The result is misunderstanding. Making commitments is of critical importance in negotiations. There are two kinds of conmitments: positive and negative.
In traditional bargaining one of the problems is that too often commitments are negative. According to Dr. The principle, therefore, is to make positive rather than negative commitments. For example, in the Vancouver bus dispute the transit union made a negative commitment on the issue of part-time drivers. Their position was that they were opposed to this change that management wanted. A preferred alternative would have been for the union to say what positive measure they would be prepared to support in order to resolve the problem, i.
The result would have been to bring the bargaining back to the issue of principle. And so we must know not only when to generate alternative solutions to a given problem but also what form is best to express our commitments. Principled bargaining means that you treat your opponent in the same way that you would like to be treated.
Principled bargaining is therefore the golden rule of negotiating because it prescribes an approach based on the best practices of the veterans in this field of confliet resolution. Principled bargaining is not a short cut or pat answer to complex problems. Being principled in bargaining does not mean being weak in the face of opposition.
There will still be fighting when either party thinks it can win more by fighting rather than co-operating.
But the fighting will be more constructive and less damaging when the bargaining has been over principle and the justice of the situation. In other words there are fair fights and there are unfair fights that are destructive and principled bargaining makes the difference.
Do you use principled bargaining if your opponent does not? It will enhance your negotiating success if you work from interests and integrate and make timely and wise commitments. Principled bargaining presents an opportunity to make a difference in the success of our negotiations by using the power of rationality.
Notes I Dr. He co-authored, with Maureen R. Berman, the text The Practical Negotiator New Haven: Yale University Press, and is the only scholar to emphasize the value of "justice" in negotiations. See also, for a useful overview of the conflict, Edward McWhinnev. He has a narrold bandwidth, a high noise 1evel, is expensive to maintain, and sleeps eight hours out of every twenty-four.
Nierenberg and Henry H. Dean G. See also at p. Fisher and Fry, Getting to Yes, p. What about life and death crisis is negotiation smart for leaders in charge when every minute counts? Do you have a more optimistic or pessimitic temperament? As Nobel Prize winner Daniel Kahneman found, Optimistic individuals play a disproportionate role in shaping our lives. Their decisions make a difference; they are the inventors, the entrepreneurs, the political and military leaders � not average people.
They got to where they are by seeking challenges and taking risks. They are talented and they have been lucky , almost certainly luckier than the acknowledge. Life in Manihiki was very primitive with no electricity, running water, sewer, roads, trucks and stores. Our survival also depended on the infrequent interisland bringing supplies from Rarotonga. But in early , the boats did not arrive and no supplies of food and necessities came for 4 months. We ran out of everything, including flour, salt and baby food.
We became very hungry. We decided to take action and seek new sustenance by reaching our to Rakahanga a much bigger atoll 25 miles away. We divided the island into four and chose crews to sail four clumsy open boats.
See the two atolls side by side. This humanitarian mission created an unnecessary tragedy and loss of life. The boat for my part of the island was a tiny sloop, not longer than 16 foot, with a huge sail.
It was barely seaworthy on the open ocean. Four of the seven died and Teehu Makimare my close friend is credited with saving the three remaining. He was selected from all the Commonwealth for showing the most courage and leadership of the highest order. The images following are from his book. Sadly the apparent reason is hunger but the real answer is leadership failure. He decided to speak to Enoka again: "There, Enoka, I told you the others are sailing much closer to the wind.
They are right, we are wrong, let us change course and follow them or we will be blown to the lee of Manihiki and have trouble getting in. We were second into harbor on the outward journey: I know what I am doing. Get on with your job! Four men died of starvation. Three survived the terrible ordeal thanks to the heroic efforts of Teehu. Why did Enoka make this tragic mistake of leadership? Did his leadership of the boat suffer from overconfidence and an unwarranted optimism?
Recent research by Daniel Kahneman winning the Nobel Prize in economics offers a possible answer. Enoka likely was victim of his fast brain system and his cognitive and optimistic bias in the crisis moment.
The book delineates cognitive biases associated with each type of thinking. From framing choices to people's tendency to substitute an easy-to-answer question for one that is harder. Framing is also a key component of sociology, the study of social interaction among humans.
The book highlights several decades of academic research to suggest that people place too much confidence in human judgment. This theory states that when the mind makes decisions, it deals primarily with Known Knowns, phenomena it has already observed. Finally it appears oblivious to the possibility of Unknown Unknowns, unknown phenomena of unknown relevance. He explains that humans fail to take into account complexity and that their understanding of the world consists of a small and necessarily un- representative set of observations.
Furthermore, the mind generally does not account for the role of chance and therefore falsely assumes that a future event will mirror a past event. A plausible explanation of the Manihiki tragedy is that Enoka was victim of the fast brain cognitive bias for optimism in crisis.
Teehu and the crew on the other hand became concerned using their slow thinking system taking account of known unknowns � the storm and the overweight of food. After my talk a student asked as optimists is there anything we can do to avoid the pitfalls of fast thinking? Can our cognitive illusions be overcome?
Kahneman answers that question, Remember despite its flaws, our System 1 works wonderfully most of the time as in kicking the soccer ball or dancing etc. This is so important for leaders to understand that when you are captain it will be listening to your crew that is the only hope to prevent disaster from your fast brain mistakes! He said the book failed to describe the pain of nearly starving to death.
Everyday I am reminded of the tragedy when I was only 21 and four strong Polynesians friends died trying to help me and the villagers in Manihiki. The memory is poignant and spurs my resolve to make a difference in this crazy world so their sacrifice is not in vain. Here is a cartoon to remind you of how vulnerable you are to the cognitive bias of optimism. Why such feckless leadership at this critical moment?
Only later, as the ordeal drags on and it it necessary to maintain morale, do social leadership skills become important. Survival history shows in my opinion that crisis leadership demands a broad perspective thinking of all viable options. Profound conservatism may be comforting but also disastrous as the fate of the Essex proved Tahiti would have been the much better destination. In the Heart of the Sea is an upcoming biographical thriller film directed by Ron Howard.
It is based on Nathaniel Philbrick's non-fiction book of the same name, about the sinking of the whaleship Essex. Because I lived on Manihiki at the time and Teehu was my good friend I have a passion for these tragic sea stories. Both styles ended in tragedy. I submit that Daniel Kahneman two types of thinking is relevant.
For Enoka he ignored the slow brain thinking of his crew resting on the lazy fast brain thinking that made him believe no change in course was needed. One wants the window open and the other wants it closed. They bicker back and forth about how much to leave it open: a crack, halfway, three quarters of the way. No solution satisfies them both.
Enter the librarian. She asks one why he wants the window open: "To get some fresh air. Since the parties' problem appears to be a conflict of positions, and since their goal is to agree on a position, they naturally tend to think and talk about positions�and in the process often reach an impasse. The librarian could not have invented the solution she did if she had focused only on the two men's stated positions of wanting the window open or closed.
Instead she looked to their underlying interests of fresh air and no draft. This difference between positions and interests is crucial. I am the reputed advocate in the negotiations for the innovative Notwithstanding clause or override offered in BC's single text that I authored with Mark Krasnick. The override became a key impasse breaking measure for the deal.
PM Trudeau decided to make the issue his crowning achievement. Our constitutional negotiations is a textbook illustration of why fundamental negotiation principles matter. At the Harvard Negotiation Project we have been developing an alternative to positional bargaining: a method of negotiation explicitly designed to produce wise outcomes efficiently and amicably. This method, called principled negotiation or negotiation on the merits, can be boiled down to four basic points, These four points define a straightforward method of negotiation that can be used under almost any circumstance.
Each point deals with a basic element of negotiation, and suggests what you should do about it. People: Separate the people from the problem. Interests: Focus on interests, not positions Options: Generate a variety of possibilities before deciding what to do. Criteria: Insist that the result be based on some objective standard.
Like the 18th camel solution when you find the parties interest like the open library window behind their positions a resolution is possible. The orange story shows that if you just cut the orange in half both sides lose.
As time has gone by history has grudgingly been kinder to Premier Bennett and his role in the final negotiations. I told the Premier in early , I had decided to go back to my law. He however made me an offer I could not refuse. I loved the opportunity and knew there would be transferable skills from many intensive negotiations experience as DM of labor. I had not been long in the job when the premier asked my help find a new DM for his office who could keep him out of hot water with the national media as happened to Sterling Lyon the previous year.
Norman Spector � a fluently bilingual double PhD originally from Montreal. Norman turned out to be a great fit for Premier Bennett particularly on the constitution file. We worked well together. My approach immediately was to connect with the other side in the conflict and see if their interests left room for compromise.
I first met with an old federal friend Allan Gotlieb who had the ear of the PM. James Matkin, B. Matkin and Gotlieb knew each other from their former jobs � when Matkin was B.
Goalie said yes. Roger Tasse, the federal deputy justice minister, was in town, and Richard Vogel, B. Matkin also hinted that Bennett could be moved on the charter. Tasse, in turn, indicated that his political masters might compromise on the amending formula.
Such talk could only kindle the flames of ardor in Ottawa. Tasse had hardly left town when Michael Kirby arrived, purportedly on some federal provincial matter to do with pensions. He met Matkin and went over the same ground that Tasse had, returning to Ottawa - briefly. In early September, he was back in Victoria, this time to arrange a private meeting between Trudeau and Bennett, who by now had become official spokesman for the premiers.
Premier Bennett told us a number of times that the constitutional debates were wasteful because the economy should be the priority. He saw the conflict as an unnecessary diversion.
Unlike Lyon, Bennett analyzed the situation as if it were a business problem in need of a workable solution. He simply wanted to put an end to the constitutional bickering so that everyone could get back to dealing with the real problems of the economy. To that end, he held Two one-on-one meetings with Trudeau in a search for common ground and beefed up his constitutional team-led by Mel Smith, a hard-nosed conservative - with a couple of younger, less confrontational advisers.
Neither man was philosophically opposed to a charter of rights. Neither thought the April Accord was going to lead to success if the real goal was to reach a solution rather than simply to stonewall. Though Matkin once slipped a confidential document to Allan Blakeney while they were riding in a hotel elevator in Montreal - like two spies trying to evade the eyes and ears of the government of Quebec - it was hardly a state secret that B.
The press was full of stories about backroom meetings and trial balloons, and at a ministerial meeting in Toronto on October 27, , Claude Morin denounced Matkin and Spector for conspiring with Roy Romanow.
Many of the constitutional veterans dismissed Matkin and Spector as boy scouts or rogue warriors, sowing confusion and tension as they improvised their way through a complicated dossier they didn't fully comprehend.
If the other premiers believed the B. We were dismissed as dumbheads, but in fact, Trudeau did eventually compromise on the amending formula, which was all that really mattered to British Columbia. It was based on fundamental democratic values. Parliament passes the buck too easily he thought with binding judicial review. His opposition was supported on similar grounds by Premier Blakney.
To meet this opposition from Lougheed and Blakeney to the federal proposed Charter of Rights we came up with a restructuring like the 18th camel. The override was an integrative solution to the problem.
The clause was limited and constrained. We said it would not be used often. In fact this is the case with only a handful of times has it been invoked and not yet by the federal government. I think a potential use today of the override could be to settle the ongoing debate about assisted death rights. Many organizations are advocating this as the new law takes us so far, but not as far as some want.
Dave Barrett the new premier of BC decided to explore the potential of finding an investor to build a steel mill in the province. The Fukuyama Works is one of the largest and foremost integrated steel works in the world with an annual raw steel production capacity of approximately 10 million tons.
Ultimately after many days of discussions both sides decided to terminate the negotiation. The interests did not meet. NKK wanted a much larger mill than we did to create efficiencies. We did not want to create a marketing challenge with a mill producing a lot more steel than we could use. NKK wanted the mill built on tide water near a large metropolitan population for contracting out a key paradigm for low cost production.
Vancouver was the only city that met their criteria. As a result the parties interests in location and size were too far apart for the negotiation to succeed. When we looked at the interest NKK had in outsourcing to a large metropolitan city we realized this interest was supported by objective criteria. See - Why is outsourcing good business strategy? To many people, outsourcing is a frightening proposition. Yet this new business model, which has been adopted worldwide across both the private and the public sectors, provides multiple benefits.
It enables an organization to achieve business objectives, add value, tap into a resource base and mitigate risk. Up until that time, the ideal model for business was a large and well- integrated company that owned, managed and directly controlled its assets.
But large corporations found themselves unable to compete globally as bloated management structures hindered flexibility. Diversification became a rallying cry to broaden corporate bases and take advantage of economies of scale. We did not want to be responsible for marketing major amounts of steel beyond our own use. This concern is objective. What happened. See this chart of world steel production history. There are times when you should not be in the game. Building a world class steel mill with NKK in was not our night.
This was a time to fold and look for other ways to meet of demand. What If They Won't Play? Use Negotiation Jujitsu Talking about interests, options, and standards may be a wise, efficient, and amicable game, but what if the other side won't play? While you try to discuss interests, they may state their position in unequivocal terms. They may be attacking your proposals, concerned only with maximizing their own gains. You may attack the problem on its merits; they may attackyou.
What can you do to turn them away from positions and toward the merits? There are three basic approaches for focusing their attention on the merits. The first centers on what you can do. You yourself can concentrate on the merits, rather than on positions.
This method, the subject of this book, is contagious; it holds open the prospect of success to those who will talk about interests, options, and criteria. In effect, you can change the game simply by starting to play a new one. If this doesn't work and they continue to use positional bargaining, you can resort to asecond strategy which focuses on what they may do. It counters the basic moves of positional bargaining in ways that direct their attention to the merits.
This strategy we call negotiation jujitsu. The third approach focuses on what a third party can do. If neither principled negotiation nor negotiation jujitsu gets them to play, consider including a third party trained to focus the discussion on interests, options, and criteria.
Perhaps the most effective tool a third party can use in such an effort is the one-text mediation procedure. Consider the one-text procedure Perhaps the most famous use of the one-text procedure was by the United States at Camp David in September when mediating between Egypt and Israel.
The United States listened to both sides, prepared a draft to which no one was committed, asked for criticism, and improved the draft again and again until the mediators felt they could improve it no further.
After thirteen days and some twenty-three drafts, the United States had a text it was prepared to recommend. As a mechanical technique for limiting the number of decisions, reducing the uncertainty of each decision, and preventing the parties from getting increasingly locked into their positions, it worked remarkably well.
The one-text procedure is a great help for two-party negotiations involving a mediator. It is almost essential for large multilateral negotiations. One hundred and fifty nations, for example, cannot constructively discuss a hundred and fifty different proposals. Nor can they make concessions contingent upon mutual concessions by everybody else.
They need some way to simplify the process of decision-making. The one- text procedure serves that purpose. Simply prepare a draft and ask for criticism. Again, you can change the game simply by starting to play the new one. Even if the other side is not willing to talk to you directly or vice versa , a third party can take a draft around.
It is a form of mediation in situations of highly polarized disputes, using a facilitator mediator, project leader and one preliminary draft agreement. The facilitator must be impartial and enjoy the trust of opposing parties. He presents the original document to both parties, patiently listens to their comments, is open to criticism, analyzes the collected materials and looks for optimal solutions.
Finally, it develops a final version that reflects the best records and solutions tailored to the situation and securing the interests of all involved parties. Participants in the conflict and the mediator refine the text, which is a kind of "replacement agreement" and forms the basis for the final ratified agreement. The undoubted advantage of this model is the focus of the parties on the common interest, not on individual positions, and the avoidance of a situation in which the mutual reluctance of representatives of negotiating parties could adversely affect the outcome of the talks.
In other words, STN helps the parties to divert attention from mutual feelings or relationships in favor of moving it to purely business areas, such as collective solution development, shared responsibility and substantive benefits. Negotiation with one text STN is particularly useful for more complex processes involving many stakeholders. My third story also garnered applause attention from a very famous person, United States President Ronald Reagan.
Secretary of State said it could serve as a model for resolving other trans boundary disputes. It was the process, however, not the resolution, that was the most interesting aspect of the dispute. Specifically, the successful negotiations took place between representatives of Seattle and British Columbia, not high-level officials from Ottawa and Washington.
According to one negotiator involved in the process, both American and Canadian government officials told local officials to figure it out and then report back when they had a solution. In the end, it was the local negotiators who played the key role in resolving the dispute.
My role primarily focused on the negotiations process. What did we do to engender this acclaim? This problem shows the importance of restructuring a difficult problem.
To the first son, he left half the camels; to the second son, he left a third of the camels; and to the youngest son, he left a ninth of the camels. The three sons got into a negotiation -- 17 doesn't divide by two. It doesn't divide by three. It Build Your Own Ocean Fishing Boat Free doesn't divide by nine. Brotherly tempers started to get strained.
Finally, in desperation, they went and they consulted a wise old woman. The wise old woman thought about their problem for a long time, and finally she came back and said, "Well, I don't know if I can help you, but at least, if you want, you can have my camel. The first son took his half -- half of 18 are nine. The second son took his third -- a third of 18 is six. The youngest son took his ninth -- a ninth of 18 is two. You get They had one camel left over. They gave it back to the wise old woman.
The Agreement was upheld by the Provincial Government in but generated intense opposition. Lengthy negotiations ensued. Instead of fighting over building the dam and flooding the Skagit we restructured the problem by adding an 18th camel. More energy was the critical issue for them and was a benefit for us. This restructuring of the problem was like the story of the 18th camel.
It was accomplished with a virtual dam concept and a unique single text negotiation process done at the local level. I sat on the B.
A single-text negotiating strategy is a form of mediation that employs the use of a single document that ties in the often wide-ranging interests of stakeholders in a conflict. Parties to the conflict add, subtract and refine the text based on agreement. The text represents a "placeholder agreement" and is intended to be the foundation for a final ratified agreement. When we negotiated with Seattle as in the past we met back in forth in the two countries and the host typed up the text showing issues outstanding in parenthesis.
Bob is a journalist, public servant and an adventurous environment professional. He and I got along well. We had many meetings offline over food and drink to toss ideas around.
The offline process has been vital all my life in resolving conflicts. As DM of labor I participated directly in resolving over labor disputes over almost a decade. Getting key insights outside formal meetings sometimes at the urinal made a big difference to understand what is the real critical issue. In my interventions in negotiations building connections and positive relationships with the opposing side was my first priority.
His work was key as he had calculated the exact cost of building and maintaining the dam so this became the price of energy sent from B. I had the opportunity to spend a few days with Roger Fisher on his trip to Vancouver in the Nineties.
Abstract The Skagit Treaty negotiations which resolved the conflict over raising the level of Ross Dam and flooding Canadian territory provided an interesting and useful model of regional conflict resolution between Canada and the United States. This article examines the background of the negotiations, the structure of conflict resolution and the lessons learned.
The paper points to such factors as local control of the negotiations, the value of single text bargaining, the availability of respected impartial sources of data, good communication with all relevant constituencies and the addition of benefits to the agreement which go beyond the specific issues of contention as contributing to the ultimate success of the negotiations. Alper and Robert L. Without steel, the world as we know it would not exist: from oil tankers to thumbtacks, from trucks to tin cans, from transmission towers to toasters.
Given the huge quantities of steel produced, it is fortunate that the material is easy to recycle. In fact, many of Canada's steel plants make steel totally from scrap.
Today, every remaining steel mill in the country is owned by foreign investors and Canada is a net importer of the manufactured product. In , the BCR was restructured. Under the new organization, BC Rail Ltd. The rail operations became known as BC Rail. In , the British Columbia government acquired and restored an ex-Canadian Pacific Railway steam locomotive of the type known as "Royal Hudsons", a name that King George VI permitted the class to be called after the Canadian Pacific Railway used one on the royal train in The locomotive that the government acquired, numbered , was built in and was the first one built as a Royal Hudson.
The government then leased it, along with ex- Canadian Pacific to the British Columbia Railway, which started excursion service with the locomotive between North Vancouver and Squamish on June 20, The train ran between June and September on Wednesdays through Sundays from During this time, the Royal Hudson Steam Train was the only regularly scheduled, mainline steam operation on a Class 1 railroad in North America.
Confrontations, when they took place, were often rough. For years the BC labour movement was the most combative in the land, full of radicals and talk of general strikes. There was rarely a time when the drive to increase profits at the expense of workers went unchallenged.
As with most movements, the influence of unions has ebbed and flowed. It has suffered painful divisions and enjoyed inspiring periods of solidarity. Some activists sacrificed their lives. The scenes depicted in these pages are but snapshots�hopefully representative ones�from plus years of working-class struggle in workplaces everywhere in BC. The figures who people these stories are among the heroes of British Columbia�not merely the trade union leaders, but the millions of workers, their names forgotten, who confronted those who would deny their right to take collective action in pursuit of better lives.
It was a sign of things to come. More than sixty years later, several thousand coal miners spent two years on strike fighting just for the company to recognize their union. Only when they had spent their last penny did they finally surrender to the multiple forces arrayed against them. Despite many more early defeats, softened by a few satisfying victories, the BC labour movement kept on growing.
Behind him is union business agent Jack Nichol, acquitted on a technicality, who went on to lead the union for sixteen years after Stevens retired in The Battle of Ballantyne Pier erupted shortly afterward, when mounted police with truncheons turned them back. City of Vancouver Archives, The exclusion of workers in agriculture and horticulture continued.
Wild cat strikes and disruptive picketing were frequent as the data for labour injunctions from to shows. Employers relied frequently on injunctive relief to fight the union tactics. Most of these injunctions were granted ex parte against picketing during collective bargaining. This one sided justice is the principle criticism of the labour legistion in when our Special Advisors held hearing across the province.
Rand criticized injunctions as one sided tools in labour disputes, especially the ex parte injunction and he virtually recommended its elimimation. He opposed injunctive evidence by affidavit and proposed that all evidence be presented orally. We were foreign correspondents together for many years, periodically covering humanitarian crises in distant countries.
Then we would return to the Kristof family farm in Yamhill and see a humanitarian crisis unfolding in a community we loved � and a similar unraveling was happening in towns across the country. Even in this presidential campaign, the unraveling of working-class communities receives little attention. America is like a boat that is half-capsized, but those partying above water seem oblivious. In some ways, the situation is worsening, because families have imploded under the pressure of drug and alcohol abuse, and children are growing up in desperate circumstances.
One of our dearest friends in Yamhill, Clayton Green, a brilliant mechanic who was three years behind Nick in school, died last January, leaving five grandchildren � and all have been removed from their parents by the state for their protection.
Although he never took high school chemistry, Farlan became a first-rate chemist: He was one of the first people in the Yamhill area to cook meth. For a time he was a successful entrepreneur known for his high quality merchandise. But he abused his own drugs and by his 40s was gaunt and frail.
In some ways, he was a great dad, for he loved his two daughters, Amber and Andrea, and they idolized him. Farlan died of liver failure in , just after his 51st birthday, and his death devastated both daughters. Andrea, who was smart, talented, gorgeous and entrepreneurial, ran her own real estate business but accelerated her drinking after her dad died. She was buried in at the age of A Harvard sociologist, William Julius Wilson, countered that the true underlying problem was lost jobs, and he turned out to be right.
When good jobs left white towns like Yamhill a couple of decades later because of globalization and automation, the same pathologies unfolded there.
Men in particular felt the loss not only of income but also of dignity that accompanied a good job. Lonely and troubled, they self-medicated with alcohol or drugs, and they accumulated criminal records that left them less employable and less marriageable.
Family structure collapsed. It would be easy but too simplistic to blame just automation and lost jobs: The problems are also rooted in disastrous policy choices over 50 years. The United States wrested power from labor and gave it to business, and it suppressed wages and cut taxes rather than invest in human capital, as our peer countries did. As other countries embraced universal health care, we did not; several counties in the United States have life expectancies shorter than those in Cambodia or Bangladesh.
But when you can predict wretched outcomes based on the ZIP code where a child is born, the problem is not bad choices the infant is making. Why did deaths of despair claim Farlan, Zealan, Nathan, Rogena and so many others?
We see three important factors. First, well-paying jobs disappeared, partly because of technology and globalization but also because of political pressure on unions and a general redistribution of power toward the wealthy and corporations. Second, there was an explosion of drugs � oxycodone, meth, heroin, crack cocaine and fentanyl � aggravated by the reckless marketing of prescription painkillers by pharmaceutical companies.
Third, the war on drugs sent fathers and mothers to jail, shattering families. Both political parties embraced mass incarceration and the war on drugs, which was particularly devastating for black Americans, and ignored an education system that often consigned the poor � especially children of color � to failing schools.
Since , American schools have become increasingly segregated by race, and kids in poor districts perform on average four grade levels behind those in rich districts. She was the first Knapp ever to graduate from high school, and then she took a job at a telecommunications company, managing databases and training staff members to use computer systems. We were struck by her intellect and interpersonal skills; it was easy to imagine her as a lawyer or a business executive.
She married and had three children, and for a time was thriving. Then in grief after her father and sister died, she imploded. A doctor had prescribed medications like Xanax, and she became dependent on them. After running out of them, she began smoking meth for the first time when she was My dad was a junkie who cooked meth and lost everything.
You would think that was enough. She bounced in and out of jail and lost her kids. Amber knew she had blown it, but she was determined to recover her life and her children. We had hoped that Amber would claw her way back, proof that it is possible to escape the messiness of the Knapp family story and build a successful life. We texted Amber a few times to arrange to get photos of Farlan, and then she stopped replying to our texts.
Finally, her daughter responded: Amber was back in jail. Job training and retraining give people dignity as well as an economic lifeline. Such jobs programs are common in other countries.
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