“It is better to have enough ideas for some of them to be wrong, than to be always right by having no ideas at all.” Edward de Bono
So, now you have taken the first step in preparing for a negotiation: you have identified the issues that need to be addressed and the positions and interests of the parties involved. You are still in the preparation phase but now you are ready for step two. This is the fun step, but don’t get carried away. Now you are going to think creatively. We mediators like to say, “think outside of the box”. You are going to identify the possibilities for solutions to the issues.
To do this you consider ways to meet the interests that you identified in step one. Let’s consider an example of a problem that faces many families: The adult children are worried about mom continuing to drive because she has some significant physical limitations and had a traffic accident last week. Your sibling called you up and said “We need to talk to mom about taking away her keys, she shouldn’t be driving.” (You know by “we” your sibling really meant “you” need to talk to mom.) You agree that there may be a problem but you also know that Mom will resist any effort to stop her from driving. You have identified the issue: Mom’s driving. You have identified the children’s position: Mom shouldn’t drive any longer. And you have identified Mom’s position: I can continue to drive without a problem. You have also identified the interests: Mom needs (1) to be safe and (2) continue to have an active and independent lifestyle. Now, for step two, you want to consider options that will allow Mom to still live independently and allow her to safely get around town. You may consider options such as (1) we can hire drivers, (2) we can see if there are ways to improve her safety when she does drive, (3) we can drive for her (4) she can take a bus to her favorite spots, (5) she can travel with neighbors and friends to her favorite outings, (5) we can have delivery bring things to her that she needs (6) she could move to a residence that has more activities “in house” and limits her need to drive. Are there any other options to meet the identified interests?
This is the brainstorming time. The more input you can have the better. Sometimes it is good to talk to friends, family, mentors, and trusted advisers so long as you can limit the talk to brainstorming options and not just arguing over positions. You do not want to take anything off the table when you look for options to solve the issues. Often it is good to write down the list as fast as you can without stopping to evaluate each idea. This opens up the creative juices and allows for limitless thinking. In the next step you will research if any of the options are possible but here you just want to consider as many options as you can think of. With research you will be able to evaluate the costs involved to implement any of the options. As you do the research in phase three you may develop new options or find that some of the choices need to be reworked or eliminated altogether. For now though, do not limit yourself to what you think is possible or to “good” ideas.
This is also the time to look at what would happen if you don’t reach a negotiated resolution to the situation. In negotiation parlance this is called your “Best Alternative to a Negotiated Agreement” or BATNA. This theory was developed by Roger Fisher and William Ury in the book Getting to Yes: Negotiating Agreement Without Giving In (Penguin Books, 1981) and is used to train the top negotiators at Harvard. To consider your BATNA, you consider the options available to you if you walk away from the negotiations. In the situation of Mom continuing to drive, the answer may be that if the family cannot reach an agreement then no action will be taken and Mom may have another more severe accident. In the case of a negotiation for a job, the answer to your BATNA may be that you have to continue to look for employment (a weak option) or you may have the option to take another job offer (a stronger option). As an attorney we look at this question as “what is your best day in court” or what is the most favorable outcome if you take the case to trial. In legal negotiations we always consider the possible outcomes of going to court as a possible outcome if the case does not settle. In the next step we will look at what this costs in terms of time, money and anxiety. For now, you need only consider that one option to solve the problem may be a trial. The research phase in step three is where we evaluate the BATNAs.
You also want to consider the other parties possible outcomes if there is no negotiated settlement. Often the other party’s best alternative to settling may be your “Worst Alternative to a Negotiated Agreement” that is, you guessed it, your WATNA. (Also developed by our friends at Harvard.) In legal parlance this is “your worst day in court”. You should consider this alternative as well.
So, now you have completed your second phase by looking for all options that you may have to resolve the issues that you have identified and to meet the interests of everyone involved. As you continue on the path of negotiations you may need to come back to this step. It is important to remember that negotiations are a fluid process not a one way road. While you are constantly heading in the right direction you are not just checking things off the list and moving on. In step three you will evaluate the options you developed. Once you actually start the negotiations with the other side you may come back to all of the options you developed and re-evaluate them. But for now, by listing as many options for resolution as you possibly can, you have prepared to research the effectiveness of each option. This then allows you to be in a stronger position to open negotiations with a goal of finding solutions rather than perpetuating conflict.