Is Interest-Based Bargaining Really New? - Chapter 12 - AAA Handbook on Employment Arbitration and ADR - Third Edition
Author(s):
Ira B. Lobel
Page Count:
14 pages
Media Description:
1 PDF Download
Published:
December, 2015
Author Detail:
Ira B. Lobel currently has a private practice devoted exclusively to arbitration and mediation. He is a member of the National Academy of Arbitrators and the Association for Conflict Resolution. When this chapter was initially written, he was a mediator with the Federal Mediation and Conciliation Service (FMCS), a position he held from 1973 to 2003. He holds a B.S. from the New York State School of Industrial and Labor Relations at Cornell University and a J.D. from the Catholic University of America.
Description:
Originally from:
AAA Handbook on Employment Arbitration and ADR - Third Edition
Preview Page
I. Introduction
I have always been wary of false advertising—names that are used to sell things rather than to describe a product. “New and improved” labels on drugs make me curious, especially when all that is changed is a color or a size. Terms used to describe the size of a container—jumbo means large; extra large means medium; large means small; etc.—can drive any sane individual crazy. These phrases are used merely to sell products, rather than change or improve the product you want to sell.
In recent years, many labor relations experts have promoted interestbased bargaining1 as a new and improved method of bargaining. In reality, it is nothing new, but a rehash and a reminder of some basic principles of sound and effective bargaining. But by claiming bargaining is interest-based versus adversarial or traditional, the words alone indicate a process that is a newer and better way of approaching bargaining. There is also the subtle inference that the traditional or adversarial bargaining process is obsolete. Using the phrase “interestbased” has become simply a means of selling a product, and not necessarily changing techniques.
In labor relations, or any other negotiations for that matter, there has ubeen much said and written in recent years about bargaining styles. If one looks at the literature and the descriptions of the two processes, one could easily be convinced that the adversarial bargainer is out only for himself and will use whatever tactics are necessary to get the best possible deal for his side, regardless of the consequences. The interestbased bargainer, on the other hand, has been shown to focus on good communications and to be understanding and sympathetic to the concerns and needs of the other side. He is illustrated as using a more intellectual, professional, and sophisticated approach that explores all options and makes decisions based on objective standards acceptable to all involved. The implication is that the interest-based bargainer uses a better approach, leading to a fairer, more creative, and more harmonious result. There is also the implication that adversarial negotiations are marked by conflict and discord with far less satisfactory results. Despite all the attempts to portray interest-based bargaining as a superior type of negotiations, it may be inappropriate to attempt to use a specific style of bargaining in all situations. Bargaining by its nature is a process that reacts to a given situation. Parties may use different approaches depending on the situation and issues involved. Trying to characterize any approach could encourage negotiators to worry more about the style of bargaining rather than the results accomplished. The reality is that, even if the two systems of bargaining can be differentiated, there is a great deal of overlap between them.
This chapter explores the principles of interest-based bargaining and examines the theoretical and real life approaches of both the traditional or adversarial bargainer and the interest-based bargainer.