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Interest-Based Bargaining Interest-Based Problem Solving Presentation by Federal Mediation & Conciliation Service Health Resources and Services Administration Designation of Medically Underserved Populations and Health Professions Shortage Areas Negotiated Rulemaking 2010 Slide 2 Interest-Based Bargaining Assumptions/Beliefs All parties have a right to exist All parties have legitimate interests Negotiation can enhance relationship Solutions are more durable Mutual gain is possible Slide 3 Interest-Based Bargaining Assumptions/Beliefs Help each other achieve positive results Full disclosure of information is useful Rely on criteria, not power Expand dialog with constituency Slide 4 Interest-Based Bargaining Principles Focus on issues Focus on underlying interests Focus on mutual interests Judge options with objective criteria, not power Share Information Slide 5 Interest-Based Bargaining Steps: The Interest-Based Problem Solving Cycle Select and focus the issue Discuss and list interests Generate options Establish criteria Apply the criteria to the options Develop the solution Reduce the solution to writing Slide 6 Interest-Based Bargaining Techniques Brainstorming Consensus decision making Active Listening Feedback Member Facilitating Open Minded Slide 7 Interest-Based Bargaining CONSENSUS DECISION MAKING DEFINITION: A decision which all members of a group can agree upon. The decision may not be everyones first choice, but they have heard it and everyone can live with it. PROCESS: The group must agree to work together until they find a solution that doesnt compromise strong convictions or needs. 7 Slide 8 Interest-Based Bargaining WHY CONSENSUS DECISION MAKING? BUILDS GROUP UNITY MAXIMIZES GROUP INPUT ACHIEVES COMMITMENT & SATISFACTION IMPROVES RELATIONSHIPS 8 Slide 9 Interest-Based Bargaining A Working Definition of Consensus 70% COMFORTABLE 100% COMMITTED 9 Slide 10 Interest-Based Bargaining Interest-Based Terms Issue = n Topic or subject of discussion n Problem to solve What types of Population Groups should be considered for designation as MUP/HPSA How should the committee assess the potential impact of revised MUP/HPSA methodologies Slide 11 Interest-Based Bargaining Interest-Based Terms Issue Interest = a concern or need behind an issue Why you care about an the issue types of Population Groups should be considered for designation as MUP/HPSA Ex: Why would we care about what types of Population Groups should be considered for designation as MUP/HPSA Slide 12 Interest-Based Bargaining Interest-Based Terms n Issue n Interest n Option = Possible solution that satisfies interests Slide 13 Interest-Based Bargaining Interest-Based Terms Issue Interest Option Position = one partys viewpoint to solving the problem Slide 14 Interest-Based Bargaining Interest-Based Terms Issue Interest Option Position Criteria = objective standards to compare / judge options Slide 15 Interest-Based Bargaining Standards/Criteria Standards/Criteria are needed to judge which options to keep and which to throw out Workable Fair Affordable Practical Legal Acceptable Slide 16 Interest-Based Bargaining 3 Stage Factor Analysis Stage 1: The Feasibility Factor Stage 2: The Benefit Factor Stage 3: The Acceptability Factor Slide 17 Interest-Based Bargaining 3 Stage Factor Analysis Stage 1: The Feasibility Factor Is the option capable of being done or carried out? Slide 18 Interest-Based Bargaining 3 Stage Factor Analysis Stage 2: The Benefit Factor Does the option satisfy important interests? or Does the option harm any important interests? Slide 19 Interest-Based Bargaining 3 Stage Factor Analysis Stage 3: The Acceptability Factor Will the option be received favorably by the constituents of all parties? If not, Can it be modified to make it acceptable? Slide 20 Interest-Based Bargaining WATNA What If We Cant Reach Agreement? Worst Alternative To A Negotiated Agreement