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41 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)

Avoidance

•denying the situation


°avoiding people involved


•good for: temporary cool off period


•bad for: regular use, important issue


•costs: not getting what you want

good for:


bad for:


costs:

suppression

pretending everything is fine when it isn't•costs: verbal slander, physical ailment

costs:

accommodation

•soft positional bargaining


good for:ongoing relationship, nonimportant•bad for: resentment through unwilling accommodation, habitual accommodation

good for:bad for:

compromise

•each party gives up some of what they want to get some for what they want


•alternative to no agreement


•bad when: one side is extreme

bad when:


mark ups

competition

•hard positional bargaining


•win/lose using influence and wits


•good when: emergency, other side doesn't care


•bad when: relationship important, coop in future

good for:bad for:

collaboration

•interest based negotiation


•both work together to find a solution using lots of dialogue



•good when: issue & relationship are important, need to address all needs


•bad when: little time to negotiate, need for training


good when:


bad when:

Stonewall

attorneys advise their clients to keep quiet

whitewash

companies attempt to minimize the effects of their actions, or downplay the public's worries

smokescreen

companies and agencies erect a smokescreen to conceal the truth

False front

organizations entering debate under false pretenses

block and blame

when all else fails distance yourself from the problem and blame others

slash and burn

all out warfare against critics

anger

a defensive response to threat of pain, real or perceived

physiological/neurological aspects of anger

brain activity transfers from frontal lobe to amygdala


•emotional flooding


•cognitive narrowing

responding to anger DO

•accept their right to be angry


•view anger as defensive response


•allow venting


•validate their feelings


•apologize

responding to anger DON'T

downplay feelings


•tell them they're overreacting


•label right or wrong

BATNA

Best alternative to a negotiated agreement

bottom line

maximum you can give during a negotiation

common forms of power

•financial


•legal authority


•political


•cultural


•access to media


interest based negotiation principals

•separate the people from the problem


•focus on interests not positions


•invent options for mutual plan


•use objective criteria to evaluate options

positional negotiation

fighting for your desired outcome.


•positions are presented as extremes at first

3 commonalities of alternative dispute resolution

•involvement of a neutral


•participation isn't binding (except binding arbitration)


•settlement is voluntary for all

ADR

alternative dispute resolution


•processes that use various forms of assisted negotiation to help reach a mutually satisfactory agreement on their own terms

types of court cases

•civil


-private party vs private party/gvmt


-standard of proof: preponderance of evidence


•criminal


-acts against society


-standard of proof: beyond a reasonable doubt

benefits of litigation

•there will be an outcome


•decision is binding and can be enforced


•can empower small groups


•may set a precedent (court decision that establishes legal principle used in later cases, lower courts must follow equal courts are not obligated)

downsides of litigation

•outcome is uncertain to the very end


•decisions is binding


•favors wealthy side


•communications between parties is blocked


advantages of adr

less risky


•less expensive


•likely to address heart of the matter


•greater likelihood of stable & durable agreements

quasi-judicial process

•arbitration


-binding


-non-binding

concensus-based processes

•facilitation


•mediation


•negotiated rule-making


-alternative to administrative procedures act bc more public input

facilitation

a facilitator is available to guide the process without providing any input to either side

4 phases of facilitation

•assessment


•convening


•negotiating


•implementation

ground rules

rules set up by participating groups on how the process should go

caucus

meeting with one or more participants

parking lot

off-topic subjects to be discussed later

overwhelming consensus

•can have predetermined # of dissenters and still be consensus

charrettes

•groups discuss their perceived outcome in a visioning process

mediation

•set up to preserve relationship between parties


•mediator more involved than facilitators

diff btwn mediation and facilitation

•more neutral caucusing


•neutral more involved


•moderates before problems are entrenched

litigation protects

rights

mediation & facilitation

protects interests

elements of a written agreement

•parties


•purpose


•definitions


•dates and deadlines


•terms


•implementation and monitoring


•breach