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Interest Based Negotiation Process

Interest Based Negotiation Process


Here is a three step interest based negotiation process:
1. Identify and clarify interests.
Spend time to identify you and your former partner’s interests on the various issues being negotiated. Try recording interests on flip-charts, a whiteboard, or a piece of paper. During this stage, parties should avoid making judgments about what the other party expresses. Instead, focus on asking clarifying questions to ensure that you fully understand each other’s interests.
2. Brainstorm possible options.
Once you have made a list of interests, it’s time to brainstorm various options based on these interests. Ground rules are essential for brainstorming to be fruitful. For example, to boost creativity and minimize self-censorship, parties should agree to record all ideas without criticism or evaluation.
3. Evaluate options
At the evaluation stage, parties should first agree upon a set of norms, standards, or criteria they can use to choose among the ideas generated from the brainstorming session. Such standards will help you weigh possible packages that might lead to efficient outcomes that maximize value for everyone involved. An example of standards might be the overarching goals that may be shared like to ensure the children are able to have a good relationship with both parents.

Collaborative Practice makes use of interest based negotiation.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.

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