Positions:
Parties in conflict have a natural tendency to think and talk in positions. Positions are statements or demands framed as solutions. Positions often involve incomplete information, hidden agendas, and “bottom line” posturing. Arguing and bargaining using your position leads to impasse or compromise, and rarely leads to creative, win/win solutions.
Interests:
Underneath the arguments of positions lie interests. Interests are broader than positions. They encompass such things as needs, concerns, and hopes – what Fisher and Ury have called “the silent movers behind the hubbub of poisons.” Interests can arise from substantive, procedural, or emotional factors.
The good communicator’s role:
Is to try direct the focus away from your position and the other person’s positions and to explore what you are really interested in. Exploring interests helps both persons to develop common solutions. Understanding you own interests unlocks new ideas and solutions. Understanding the other person’s interests can help move the discussion towards solutions which meet needs on both sides. You may also discover that you share many basic interests (e.g., financial security, ending of hostilities, workplace peace)
STRATEGIES FOR EXPLORING INTERESTS
The short answer is no. The long answer is important to unpack though. As a Family Mediator (also referred to as Family Law Mediator or Divorce Mediator) I get asked...
By Amy RobertsonAt its recent meeting in California, the Drafting Committee on the Uniform Mediation Act of the National Conference of Commissioners on Uniform State Laws (NCCUSL), in an apparent attempt to...
By Stephen A. HochmanIntroduction: Critical Thinking Skills Can Help Students Resolve Conflict “Critical Thinking” means the capacity to distance oneself from an argument or a point of view and to assess its strengths...
By Donal O’Reardon