Post on 13-Mar-2020
transcript
6/22/2012
1
Under the Professional Educators Collaborative Conferencing Act
of 2011 (PECCA)
Interest-Based Collaborative Problem Solving (IBCPS)
1
Your Presenters…2
� Peter Cheng¡ Commissioner, Federal
Mediation & Conciliation Service
¡ pcheng@fmcs.gov¡ 615-587-8234
� Mark Travis¡ Director, Tennessee
Labor-Management Center
¡ mtravis@tnlmc.org¡ 615-895-4166¡ 931-252-9123
6/22/2012
2
3
“PECCA” Statutory Language
� Statement of Purpose: ¡ “[T]o recognize and adopt the principles and techniques
known as interest-based collaborative problem-solvingfor use in conferences conducted pursuant to this part.”(“IBCPS”)
� “Collaborative Conferencing”:¡ Chair of board of education and professional employees
“meet at reasonable times to confer, consult, and toexchange information, opinions and proposals on mattersrelating to the terms and conditions of professionalemployee service, using the principles and techniques ofinterest-based collaborative problem-solving.
Subjects of Conferencing4
� Salaries and wages� Grievance procedures� Insurance� Fringe benefits (not including TCRS or local early
retirement incentives)� Working conditions (not including those prescribed
by federal or state law, private act, municipal charter, or state regulations)� Leave� Payroll deductions (except those for political
activities)
6/22/2012
3
Conferencing Subjects Excluded5
� Differentiated pay plans or incentive compensation programs
� Expenditure of grant funds expressly designated for specific purposes
� Professional evaluations conducted pursuant to state or federal law
� Staffing decisions relating to innovative educational programs
� Personnel decisions relating to assignment of professionals, including filling vacancies, transfers, reductions in force, etc.
� Payroll deductions for political activities
6
Why Do We call it “Interest-Based”?
� Basic Approaches to Negotiation¡ Power: “I’ll have it my way because I can”¡ Rights: “I’ll have it my way because I’m entitled to it”¡ Interests : “I want it my way because I need it”
6/22/2012
4
7Basic Approaches: Power
� Use of Power ¡ Often difficult to determine who is more powerful without
testing¡ Perception of each side’s power is often incorrect¡ Other party may respond irrationally to use of power¡ Ends justify the means
8
� Strategies in Use of Power¡ Use emotion, guilt and anger as manipulation¡ Deception to defend demands¡ Withhold information¡ Delaying tactics, ultimatums and bluffing¡ Divide and conquer strategies
Basic Approaches: Power
6/22/2012
5
9
� Use of Rights¡ Rights are rarely clear¡ Rights are often contradictory¡ Assertion of rights can be costly¡ Often requires third party intervention
Basic Approaches: Rights
10
Basic Approaches: Rights
� Strategies in Use of Rights¡ Heavy reliance on contract language¡ Tradition, custom, and past experience¡ Rigid standards and criteria¡ Legal precedent
6/22/2012
6
11Basic Approaches: Interests
� Use of Interests¡ Have to be transparent and open¡ Committed to process¡ Time consuming¡ Foreign to most negotiators
12
Basic Approaches: Interests
� Strategies in Use of Interests¡ Explore/explain what is underlying a party’s demand or
position¡ Investigate party’s needs, concerns, fears¡ Share information
6/22/2012
7
13
What is our Default Position?
1. Rights2. Power
3. Interests
14
How do we evaluate which one is best?
� Economical – resources required?� Satisfaction with outcome?� Quality of relationship?� Compliance – durability?
6/22/2012
8
15
Factors Leading to Success of IBCPS
� Some recent negative experiences calling for fundamental change
� Willingness to jointly share information� Sufficient time remaining prior to contract expiration � Willingness to forego use of power in negotiations� Acceptance of process by bargaining teams, decision
makers and constituents� Modernization of processes or change in environment
requiring new approaches to relationship � A desire to build a better relationship
16
Challenges in IBCPS� Time-consuming (training and process)� Financial cost� Leadership turnover� Preconceived biases� Constituent objections� Lack of trust� Continual follow-up and nurturing
6/22/2012
9
Long-Term Collaborative Partnerships in Public Education: Common Themes
17
� Contextual Motivation or Pivotal Events¡ Circumstances motivating change in relationship
� Strategic Priorities¡ Emphasis on teacher quality¡ Focus on student performance¡ Problem-Solving, innovation, and willingness to experiment
� Supportive System Infrastructure¡ Organizational structure that supports collaboration¡ Strategic alignment¡ Collaborative structures at all levels¡ Joint learning opportunities
Long-Term Collaborative Partnerships in Public Education: Common Themes (cont)
18
� Sustaining Factors¡ Long-term leadership¡ Community engagement¡ Supportive and enabling language in MOU
6/22/2012
10
What is Interest-Based Collaborative Problem Solving?
� IBCPS is a problem solving process based on…¡ abiding by certain Principles¡ confidently accepting certain Assumptions¡ applying Steps¡ practicing Techniques
…which trained parties use to achieve positive results for BOTH groups.
19
IBCPS Critical Beliefs
� It can enhance the relationship� Mutual gain is possible� Parties should help each other achieve a positive
result� Decisions based on standards eliminate the need to
rely on power
20
6/22/2012
11
Interest-Based Principles
� Focus on issues, not personalities� Focus on interests, not positions� Create options to satisfy both mutual and separate
interests� Evaluate options according to standards, not power� Information sharing is critical for effective solution
21
Interest-Based Assumptions
� Open communication will enhance relationships� All parties receive some� Each party should help the other� Open discussion discloses more interests and creates
more options� Standards replace power� Anger is defused as trust develops
22
6/22/2012
12
Interest-Based Steps
� Identify issues
� Identify interests
� Generate options
� Establish Criteria
� Judge the options against the criteria
� Develop and capture the livable solution in writing
� Apply the livable solution
2323
If You Were to Walk Into a Room Where Traditional Bargaining Was Going on What Would You See?
x x x X x x x
o o o O o o o
24
6/22/2012
13
What Do You See When You Walk Into an IBCPS Collaborative Conferencing?
xo
x
o o
x
o
x
25
TraditionalTraditional IBCPSIBCPS
¡ Starts with positions¡ Withhold information &
strategies¡ Make gradual adjustments
or moves¡ Defer to power or trade
¡ Starts with interests¡ Disclosure/share
information¡ Jointly develop options¡ Measure options with
standards¡ Decide by consensus
Approaches:Traditional vs. Interest-Based
26
6/22/2012
14
TraditionalTraditional IBCPSIBCPS
¡ Attack individuals & discredit their positions
¡ Argue your position¡ Insist on your position¡ Use power to leverage
¡ Attack problem, not individuals
¡ Define issue clearly¡ Explore all interest¡ Be open to options¡ Define solution with
Criteria/ standards
Strategies:Traditional vs. IBCPS
27
Limited Pie Implications
� Every slice I get is one less for you
� What I win, you lose
28
6/22/2012
15
IBCPS attempts to expand the pie by…
� By helping each other
� By sharing interest information
� Discovering differing values
� Creating many options
29
IBCPS: The Bottom Line
� More creative solutions that benefit whole the organization
� More durable solutions
� Improved relationships between the parties
30
6/22/2012
16
StepsSteps Group Process TechniqueGroup Process Technique
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
a. Identify Issueb. Discussion/Info Sharingc. Consensus/Agreement on the Issue
a. Identify Interests Separate and/or Mutualb. Discussion/Info Sharingc. Consensus on Mutual Interests
a. Brainstorming
a. Discussion and Consensuson Standards to be used
a. Discussion and Consensuson which Option to use
Interest-Based Problem Solving Process31
Preparation for IBCPS
� Educate¡Both parties
about the Process� Seek information¡From
Constituents¡Re: Interests
behind the Issues
� Compile List¡ Issues¡ Interests� Prepare an Opening
Statement¡ Issues ¡ Interests� Pre-Conferencing¡Agreement on
Ground Rules
32
6/22/2012
17
Requirements for Success of IBCPS
� Joint Vision� Mutual Investment� Structure� Skills� Joint Learning Experience – Training� Patience, Patience, Patience
33
Step 1Select the Issue…
Step 1Select the Issue…
� Issue o Topic or subject of negotiationo Form a Questiono Problem to solve
• Work rules• Health care• Job security• Leave usage• Salary
34
6/22/2012
18
Framing The Issue
� Frame in the form of a question
� Develop a high quality question
� Jointly select an issue
� State the issue clearly
� Check on understand and intent
35
Question
� Begins¡ “How might we…?” ¡ “How can we…?”
� Cannot be answered “yes or no”
� Contains no solutions
� Contains no accusations or inflammatory wording
6
36
6/22/2012
19
Proper Questions
� How might we avoid overlap in the schedules?
� How might we improve customer service?
� How might we update the dress code?
� How can we control overtime costs?
7
37
“My supervisor needs to stop being so picky about drinking coffee at my work station.”
Subject: Policy / Rule
Issue: Flexibility
Question: How might we allow more flexibility concerning workplace refreshments?
Example38
6/22/2012
20
Step 2Identify and Discuss Interest/Concerns
Step 2Identify and Discuss Interest/Concerns
� Interest = Legitimate concern about the issue¡Why you care about the issue, why it’s important¡ “Win”= satisfy interests
39
Step 2Determine Interest – Why?
� To discover and understand your own group’s
separate interests
� To explain your interests
� To define mutual/common interests
40
6/22/2012
21
� Identify and chart separate interests
� Discuss separate interests
� Reach consensus on mutual/common interests
Step 2Identify and Discuss Interest/Concerns
Step 2Identify and Discuss Interest/Concerns
41
Common Interests
� Identical interests to yours
� Conceptually similar interests
� Interest of the other group you can support
42
6/22/2012
22
Step 3Generate Options
Step 3Generate Options
� Option= Possible solution that satisfies legitimate interests¡Hire more employees¡Work overtime¡Add a shift¡Automate function
43
Step 3Develop Options
� Brainstorm all potential options
� Relate each to the causes of the problem
� Merge similar or related options
44
6/22/2012
23
Step 3Refine Options
� Combine similar options
� Eliminate duplicates
� Cross out grossly flawed options
45
Step 4Establish Criteria
Step 4Establish Criteria
�Criteria = objective standard to compare/judge options
46
6/22/2012
24
Three Common Criteria
Is it acceptable?•Do the parties accept the option(s) for settlement?•Is it perceived as “fair” by the parties?
Is it beneficial?•Does it benefit the stated interests?•Does it harm any other stated interests?
Is it feasible?•Will it work?•Is it legal?•Is it affordable?•Is it easy to understand?•Can it be explained?•Other….
47
Step 5Test Options Against Criteria
� Discuss each option against all the criteria
� Consensus decision making
� Active listening
� Recording
� Matrix
48
6/22/2012
25
Step 6Develop the Solution - Capture It in Writing
� Combine options that meet the criteria and meet as many interests/concerns as possible
� Reach consensus on a livable solution
� Draft a written solution jointly
� Check for consensus on the solution’s final draft
49
Step 7Apply the Livable Solution
� Develop specific action steps and a time table to implement the solution
� Assign responsibility for each action step
� Determine time line of implementation
� Establish follow-up time phase
50
6/22/2012
26
Techniques Required
� Brainstorming
� Consensus Decision Making
� Recording (Flip Charting)
� Listening
� Feedback
� Member Facilitating
51
Technique 1: Brainstorming
� A technique which stimulates a random expression of ideas by a group of individuals.
� The theory behind brainstorming is that ideas generate new ideas.
52
6/22/2012
27
What exactly is Brainstorming?
� Harebrained idea
� Sudden bright idea
� Violent transient fit of insanity
53
Quotes of the Creatively Impaired
� Groups with guitars are on the way out.”Decca Records in turning down the Beatles
� “Everything that can be invented has been invented.”Director of U. S. Patent Office, 1899
� “Who the Hell wants to hear Actors talk?”Harry Warner, early 1900’s
� “The world capacity for computers is 5.”Thomas Watson, CEO IBM 1943
54
6/22/2012
28
Brainstorming
� Define the problem
� No criticism is allowed
� No killer phrases
� Use free-wheeling imagination
� Build on other’s ideas
� Aim for quantity
� Record each idea
55
Brainstorming56
6/22/2012
29
Group Exercise
● ● ●
● ● ●
● ● ●
57
Group Exercise
� Brainstorming Task Sheet
You live in the suburban town of Gadsden, which has a population of 40,000. The City administration has committed the bureaucratic blunder of the century. Having planned an industrial park on 15 acres of city owned land, surveyed the sites, and poured the concrete road for the main intersection ( a smooth concrete square slab measuring 200 ft. X 200 ft.), the city has just found out that due to Federal regulations the industrial park can never be built on this site. Your group is a blue ribbon panel convened to develop suggestions on how to use this parcel of land.
58
6/22/2012
30
Group Exercise: Brainstorming
� Using the Guide Lines for BrainstormingList as many suggestions as possible on how to use this parcel of land:1.2.3.4.5, 6……..10
59
Technique 2: Consensus Decision-Making
� A group reaches consensus when all members agree on one alternative
� All points of view are understood
� Reached in fair, open manner
� Best solution at the time
60
6/22/2012
31
Benefits of Consensus
� Decision reached by all members
� Strong acceptance
� Fast implementation
� Lower resistance
� All ideas have been heard
� Aims to win
� No bargaining
61
Guidelines for Consensus
� Listen
� Encourage participation
� Share information and ideas
� Don’t change to keep harmony
� Don’t bargain or trade support
62
6/22/2012
32
Consensus Reached
� Consensus reached when all members of a group are willing to accept decisions.
� Even though a decision may not necessarily be an individual’s first choice, they consider it a workable approach and in the best interest of the group.
63
Consensus Reached
70/100 %
64
6/22/2012
33
Consensus “Standouts”
� Standouts are people who don’t agree with consensus decision
� Serve an important purpose¡Help avoid “group think”
65
Responsibilities of Standouts
� Stay involved with the group
� Clearly say why they disagree
� Explain why they disagree
� Try to to offer a specific way to satisfy
66
6/22/2012
34
Consensus Is Reached When You Can Say:
� “I believe that you understand my point of view.”
� “I believe that I understand your point of view.”
� “Whether or not I personally prefer this option I will support it; because the decision was arrived at in a fair and open manner and it is the best solution for us at this time.”
67
“Tell me and I'll forget.Show me and I'll remember.
Involve me and I'll understand.”
Confucius
68
6/22/2012
35
Consensus Reached
70/100 %
69
Consensus Exercise
Top Ten Things Americans are Most Afraid of:1.2.3.4.5.6.7.8.9.10.
70
6/22/2012
36
Technique 3: Effective Communication
� Listening and Clarifying¡ Definition-
÷Listening is the capacity to hear effectively.
÷Clarifying is asking questions to verify the information received by listening.
71
Critical Skill:Listening & Clarifying
� Definitions
¡ Listening is the capacity to hear effectively.
¡Clarifying is asking questions to verify the information received by listening.
72
6/22/2012
37
Active Listening
� Body Language
� Ask Questions
� Paraphrase
� Summarize Key Points
73
OpenOpen ClosedClosed
� “How did that make you feel?”� “Didn’t that make you
angry?”� “What else?”� “What bothers you
most?”
● The word “Why”● Leading questions● Interrupting● Judging● Criticizing● Advice● Too many notes● Distractions
Questions74
6/22/2012
38
What to Avoid
� Interrupting
� Exaggerated or mocking paraphrasing
� Sarcasm
� Evaluating or judging what is said
� Facial Expressions
� Negative postures
75
Ask Clarifying Questions
� Open ended -- expand, find out more
� Close ended -- confirm or narrow discussion
� Non-threatening
76
6/22/2012
39
Paraphrase
� Restate in your own words
� Describe without judging
� Include substance and emotions
� Shows speaker was heard & understood
� Helps focus
77
Paraphrase
� Paraphrase¡ “So, you believe strongly that …”¡ “It sounds like …”¡ “What I hear you saying is …”¡ “From what you told me, you seem to feel that …”¡ “You sound frustrated that …”
78
6/22/2012
40
Meharbain Study
10% WORDS THEMSELVES
35% BODY LANGUAGE
55% TONE OF VOICE
79
What kind of animal do you see? 80
6/22/2012
42
83
Process Checking
� A technique for monitoring and improving the team’s conduct of the interest-based process and group interactions.
84
6/22/2012
43
When to Check for Process
� At any point when member feels:¡ Principles not upheld¡ Work is off track ¡ Not following process
� End of each day
85
How to Check for Process
� Are current task and method clear?
� What adjustments to get back on track?
� Have we violated ground rules or principles?
86
6/22/2012
44
Benefits of Checking for Process
� Make self and team examination part of process
� Prevents bad habits from being ingrained
� Provides opportunity for positive feedback
87
Agree to Process Ground Rules
� No personal attacks.
� There will be one & only one conversation.
� All agreements to be made by consensus.
� A consensus reached cannot be changed by disagreement of someone absent at the meeting in which consensus is reached.
� Team members will not sit in the same seat or next to the same person 2 sessions in a row.
88
6/22/2012
45
Agree to Process Ground Rules
� There will be no ownership of ideas.
� Breaks will be taken as necessary.
� Full participation by all members.
� Process concerns should be raised when they occur.
� Freedom to invent without criticism.
89
Agree to Process Ground Rules
� Criticism and revision follow the invention stage.
� Probing the link between interest and option is desirable.
� Caucuses should be kept to a minimum. Any caucus exceeding 15 minutes requires notifying the other group of the approximate length of time needed. When returning, the group taking the caucus is to share the reason & general nature of the discussion.
90
6/22/2012
46
Chairperson-Facilitator:
� Definition¡ Leadership designed to help group perform more effectively¡ Supporting, guiding, and coaching the group
� Role¡ Advisor/Administrator ¡ Trainer¡ Process Observer and Guide
91
Key Facilitative Behaviors
� Ask Questions
� Summarize Discussion
� Refocus on the Issue
� Pinpoint points of conflict
� Validate and Bridge (Paraphrase)
� Read Body Language
� Restate Consensus Positions
92
6/22/2012
47
What Does a Facilitator Do?
� Manages “The Process”
� Serves as the “Neutral”
� Enforces the Ground Rules (empowered by the Parties)
� Keeps things moving
� Records the data
93
Changing Group Behavior
� Institute time limits and limitations on how often people may speak before others have a chance
� Institute round-robin discussion so everyone has to participate in the discussion
� Deal with digressions by restating the issue and purpose of the discussion
94
6/22/2012
48
Exercise A: Position vs. Interest
� An exercise in distinguishing Position statements from Interest statement on an Issue
� Definitions:¡ Issue: Topic or subject of problem solving¡ Position: One party’s solution to an issue¡ Interest: One party’s concern about an issue
Directions: Under each issue below are two statements. One is a position statement on the issue. The other is an interest statement on the issue. Place a “p” next to the position statement and “I” next to the interest statement
95
1. Issue: A neighbor borrows books from you and does not return them.
� Statements:¡ “ I will not let you borrow more books without a specific promise
as to when it will be returned”¡ “When I want to read, I want to get my books from the
bookcase. I don’t like to go to your house and ask for my things”
96
6/22/2012
49
2. Issue: An employee who is frequently late from for work.
� Statements:¡ “When you are late, you cause our work to be delayed.”
¡ “The next time you are even five minutes late, the boss is going to fire you.”
97
3. Issue: New postman doesn’t deliver your mail to the right apartment.
� Statements:¡ “I am going to complain to your supervisor if any mail isn’t
delivered to the right apartment every time.”
¡ “I like to get my mail at my apartment so that I don’t have to track it down.”
98
6/22/2012
50
Exercise B : Developing an Interest Statement
� Definitions: ¡ Interest: One party’s concern about an issue.¡ Position: One party’s solution to an issue.
� Directions: Listed below are issues involving two parties. In each situation both parties have taken a position on the issue. Convert those position statements into interest statements.
99
1. Issue: Employer and employee planning a training program together.
� Employer’s position: “The training program must include accounting skill”
� Employer’s interests:
100
6/22/2012
51
2. Employee’s position: “The training program must include having new computer”
� Employee’s position: “The training program must include having new computer.”
� Employee’s interests:
101
Exercise C: Developing Options based on Interests
� Definitions: ¡ Interest: One party’s concern about an issue.¡ Option: One of several solutions that can satisfy an interest on
an issue.
� Directions: Listed below are some statements of interest. Below each statement, list as many options as you can to satisfy that interest.
102
6/22/2012
52
Exercise C
� Interest statement: A family of five with the concern of raising fund for their children’s college education. List as many options as you can to satisfy that interest.
� Options:
103
Exercise C
� Interest statement: A husband and wife have a mutual interest in getting out of a rented apartment and into a home of their own. List as many options as you can to satisfy that interest.
� Options:
104
6/22/2012
53
Exercise D: Linking Interests, Options, and Criteria/Standards
� Definition¡ Interest: One party’s concern on an issue.¡ Option: One of several solutions to meet or satisfy an interest.
� Criteria/Standards: Characteristics to judge options.
105
Directions:
� For the issue below, identify as many interests as you can. Then, based on those interests, list as many options as you can. (Remember in developing options, the emphasis is on quantity not quality.) Finally, list the standards for evaluating and judging which option(s) are best.
106
6/22/2012
54
Issue: Taking care of an aging mother who is no longer able to take care of herself.
� Interest(s) of the mother:
� Interest(s) of the children:
� Mutual or common interest(s):
� Options:
107
Standards or Criteria
Some examples:1. Mutual gain for mother and children2. Respect of both parties3. Society or cultural practice4. Workable/Manageable5. Affordable6. …...
108
6/22/2012
55
Group Exercise on IBCPS
� Example of Collaborative IBCPS Process in Practice
109
1st Planning Sheet
� Conferencing preparation in caucus:1. Select a spokesperson to deliver opening statement.
2. Prepare an opening statement.
3. Work on issues – formed as questions with explanations of situation.
110
6/22/2012
56
Pre Conferencing Meeting
� Draft Opening Statements & Issues
� Prepare Ground Rules¡ IBCPS Process Ground Rules
� Issues¡ Exchange Issue Lists¡ Merge Lists÷ Order & Package Issues
111
Open Collaborative Conference Using IBCPS
� Share Opening Statements¡ Reaffirm Commitment to Process & Relationship
� Discuss List of Issues¡ Generally Clarify/Understand Scope of Issues¡ Prioritize Issues¡ Determine Information Needed for First Few Issues¡ Work on least complicated issue
112
6/22/2012
57
2nd Planning Sheet
� Jointly Select an Issue
� Clearly Define or Focus the Issue¡ Answer all Questions¡ Share Information¡ Often, if you don’t see the solution, it is because you have not
completely defined the problem
113
3rd Planning Sheet
� Joint Session:¡ Discuss & Clarify the Interests behind the Issue¡ Convert any Position Statements to Interests¡ Identify Mutual/Separate Interests¡ Continue to Gather Information as Needed
114
6/22/2012
58
4th Planning Sheet
� Joint Session:¡ Brainstorm÷ As Many Options as Possible to Satisfy Your Interests
¡ Record Every Idea¡ Clarify Options÷Eliminate Duplicate Options÷Combine Options
115
5th Planning Sheet
� Evaluate each Option against the Standards/Criteria
� Narrow Options for Best Solution
� If One Option Leaps out at Group, Start with it
116
6/22/2012
59
6th Planning Sheet
� Combine Options That¡ Meet Standards ¡ Satisfy Interests
� Reach Consensus
� Chart Solution
117
6th Planning Sheet
� When to close:
� After all options clarified¡ After list reduction techniques used¡ If there’s a sentiment for one or a combination
118
6/22/2012
60
6th Planning Sheet
� How to Close:¡ Proposal for closure¡ Group discusses closure¡ If no consensus, check assumptions, return to criteria.
119
6th Planning Sheet
� After Selecting Solution:¡ Select individual(s) to draft language which captures intent¡ Bring back to group for review & final approval at later
session¡ Sign off
120
6/22/2012
61
Check Up and Next Meeting
� Closing the Meeting¡ What was discussed and decisions made.¡ Issues tabled¡ Ensure all items reviewed, recorded and will be promptly
published
� Setting Next Meeting¡ Date and place set¡ Procedure for setting agenda reviewed¡ Evaluation of meeting/process for next meeting
121
122
6/22/2012
62
123
“The pessimist complains about the wind.The optimist expects it to change.
The leader adjusts the sail.”-- John Maxwell
124