Positions and Interests

Module 1: Definitions

People in conflict often make many statements, arguments, and threats in their efforts to prevail. Negotiation often entails one side making a proposal to resolve a dispute and the other side making a counter-proposal.

Embedded within this exchange are positions disputants take and the interests they seek to satisfy.

 

 

Distinguishing between Positions and Interests

A position is….

 

 

A demand, or
A proposal, or
A preferred course of action

Key features:

  • It is specific
  • It involves doing, action

A position is the “What to do”

   
An interest is….

 

 

The reason(s) for a position, or
A goal or objective

Key features:

  • An interest is more general than a position, and open to interpretation
  • It is not an action

An interest is the “Why” behind the “What”

Positions and Interests – Similar to “Means” and “Ends”

Another way of thinking about positions and interests is to consider the “ends” that people are after [their goals, what they ultimately want] and the “means” for pursuing their ends. Means are closely related to positions. The “what you want to happen” is similar to “how do you want to pursue your goals.” Ends usually spring from people’s underlying interests. There can be different levels of interests. The idea of layered interests is addressed here [hl].

Why seek interests? Better than bargaining for a compromise

Seeking people’s underlying interests is often more effective in reaching a good solution than simply exchanging proposals and counter-proposals. The “tit for tat” bargaining of proposals and counter-proposals often leads to compromises without understanding each side’s reasons, their interests. When interests are understood, it often leads to more satisfactory options for a resolution of the problem.

More formal definitions of positions and interests are covered in many sources. One of the most noted books popularizing the idea of interest-based negotiation is Getting to Yes: [citation: Fisher, Roger, William Ury and Bruce Patton. (1991). Getting to Yes: Negotiating Agreement without Giving In (2nd edition). New York: Penguin Books.] Another general text is Christopher Moore (1996). The Mediation Process (2nd edition). San Francisco: Jossey-Bass.

Two passages from Getting to Yes: [Not Yet Provided]

Another basic textbook is Christopher Moore – The Mediation Process, 1996 [2nd edition]

Page 70

Positional bargaining derives its name from then practice of selecting a series of positions – particular settlement options that meet the proposing party’s interests—and presenting these to an opponent as the solution to the issue in question. A party’s position may or may note be responsive to the needs or interest of the other negotiators. Positions are generally ordered sequentially so that the first position is a large demand and represents a negotiator’s maximum expectation of gain should his or her opponent acquiesce. Each subsequent position demands less of an opponent and results in fewer benefits for the initiating party. Characteristically, position bargaining commits parties early in the negotiations to very specific solutions to issues in dispute and often reduces the flexibility to generate other equally acceptable options.

Page 71

Interest-based bargainers believe that settlements in negotiations are reached because a party has succeeded in having his or her interests satisfied.

“Interests are specific conditions (or gains) that a party must obtain for an acceptable settlement to occur. They are of three broad types: substantive, procedural and psychological.”