Checklist: Mutual Gains Negotiation

1. Pre-negotiation meeting

▢ Agree on how to negotiate e.g. ‘The parties shall negotiate in good faith with a serious intention to reach mutually beneficial agreements’;

▢ Seek to understand the needs, interests, fears, concerns and expectations of the other party and share this with the other parties;

▢ Seek to clarify the issues to be negotiated;

▢ Seek to settle any issues capable of quick and easy settlement;

▢ Share information and request any relevant information needed for the negotiations;

▢ Settle the ground rules and process for the negotiation;

▢ Seek to agree on dates, times and places for the negotiation;

▢ Seek to agree on inclusive negotiation teams.

2. Preparation for negotiations

▢ Determine the composition of the negotiating team with due regard to inclusivity;

▢ Agree on ground rules for the conduct of the negotiating team;

▢ Explore the needs, interests, fears and concerns of all interest groups with due regard to diversity;

▢ Share any relevant information received from the other party with the organization(s)/employees you represent;

▢ Share with the organization(s)/employees you represent the needs, interests, fears, concerns and expectations of the other party;

▢ Endeavor to moderate the organization(s)/employees you represent expectations;

▢ Seek to generate creative options for meeting the needs, interests, fears, concerns and expectations of the other party and for finding mutual gain outcomes;

▢ Seek to obtain flexible mandates from the organization(s)/employees you represent;

▢ Obtain as much relevant information as possible to substantiate the needs and proposals;

▢ Explore and seek to understand what the possible alternatives are to a negotiated agreement.

3. At the commencement of the negotiation process

▢ Introduce the teams to each other;

▢ Settle housekeeping matters which may include:

start and finish times, tea and lunch arrangements, smoking regulations and limits to interruptions

▢ Seek to agree on ground rules for the negotiation which may include;

agreeing to listen carefully and agreeing to speak in turn and not to interrupt one another

▢ Seek to agree on caucus ground rules which may include that;

parties may request caucuses at any time and the party requesting the caucus will leave the room

▢ Reaffirm the commitment to the agreed goal of the negotiation

▢ Agree that all that is said in the negotiation will be off the record unless it is expressly placed on the record.

▢ Confirm that summary notes be kept which will only reflect the attendance, matters which a party has requested to be placed on record and any agreements reached.

4. Clarifying and developing an understanding of the issues

▢ Present the proposals and explain the needs, interests, fears, concerns and expectations

▢ Frame issues in a collaborative and solvable way

▢ Explore and seek to understand the proposals, needs, interests, fears, concerns and expectations of the other parties

▢ Exchange relevant information

▢ List and agree on the issues for negotiation

▢ Agree on order of issues to be dealt with (consider starting with easier issues, urgent issues or issues that will help clarify others)

▢ Continue to clarify issues with particular regard to needs, interests, fears, concerns and expectations

▢ Track and focus the discussions

▢ Identify areas of common concern and competing interests

5. Developing and selecting options for agreement

▢ Take each issue at a time, generate as many possible ways of meeting the needs of each party and “making the pie bigger”

▢ Set out all the possible options

▢ Use objective criteria and standards as a basis for evaluating and choosing options

▢ Analyze options to see which ones both parties can accept

▢ Seek to influence and be open to being influenced

▢ Separate and integrate/group issues as necessary

▢ Consider linking and trading issues

▢ Try hypotheticals i.e. ‘what if..?’

▢ Consider creating sub-groups/task teams/commissions to develop proposals

▢ Consider using a single text document to reach consensus

▢ Keep options tentative and conditional until all issues have been agreed

▢ Identify areas of agreement

▢ Package acceptable options into an overall agreement

▢ Minimize formality and record keeping until a final agreement is reached

6. Reaching agreement

▢ Draft an agreement

▢ Ensure mutual understanding of the terms of the agreement

▢ Specify who, what, where, when and how an agreement will be implemented

▢ Set out evaluation, implementation and follow-up details

▢ Consider report back procedures including the idea of a joint statement to constituencies

▢ Include procedures in the event of a deadlock

▢ If a final agreement is difficult to arrive at consider agreements in principle, tentative agreements, interim agreements, partial agreements, agreement on goals, agreement on a process

▢ If a final agreement is not possible then reality test, compromise, take a break, discuss alternative ways of reaching an agreement such as the involvement of a third party, capture what has been agreed and narrow what is in dispute

Source: Joint union/ Management negotiation skills: Training for social partners on negotiation skills, 4-day workshop. Turin: International Training Center of the ILO, 2003.