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Strategies for Effective Legislative Negotiations: Insights from Former Senator David Landis

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In this detailed overview of negotiation strategies highlighted by Former Senator David Landis, key concepts of negotiation are explored, focusing on two main strategies: Advantage Seeking and Joint Gain Seeking. The text emphasizes the importance of building relationships, understanding mutual gain, and utilizing objective criteria in negotiations. Trust is identified as a critical element, where being trustworthy and fostering trust can lead to better outcomes. The document provides useful tools and techniques for separating people from problems, focusing on interests rather than positions, and creating mutually beneficial solutions.

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Strategies for Effective Legislative Negotiations: Insights from Former Senator David Landis

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  1. Legislative Negotiations Former Senator David Landis January, 2008

  2. A negotiation is a trade -”I’ll do Y, if you’ll do X.” Definition

  3. Two Strategy Options • Seeking Advantage • Seeking Joint Gain

  4. Advantage Seeking • Good short term results • Hard to exploit • Relatively easy to do

  5. Advantage Seeking • Hard on relationships • Misses joint gain • Breeds reciprocity

  6. Joint Gain Seeking • Expands the pie • Benefits grow over time • Builds relationships

  7. Joint Gain Seeking • Risks exploitation • Takes more time and preparation • Requires skill to be effective

  8. Taming the Advantage Seeker • Align your incentives • Cooperation on terms is reciprocal, not individual • Lift the horizon • Develop “walk away” alternative

  9. Trust: • A two-sided coin: trusting, being trusted • A shared problem • Some assume trustworthiness • Some assume untrustworthiness

  10. Being Trustworthy • Say what you mean, mean what you say • Does not require full disclosure • Worth its weight in gold

  11. Trusting • Operate independent of trust • Reciprocal consequences

  12. 3 Characteristics of Negotiation • Recurring pattern • Tension • Asymmetrical information

  13. Tools for Mutual Gain • Interests not positions • Priorities traded across differences • Fair process norms • Objective criteria • Trust through authentic communication

  14. Use Objective Criteria • Learn marketplace • Frame dispute as a joint search for fair standards • Adjust standards for unique circumstances • Open with an offer you can justify

  15. Focus on Interests, Not Positions • Interests=underlying motivations • The answer to “why?” • Positions=“yes or no” options • The answer to “how much?” • Focusing on interests induces problem solving because they are flexible and create satisfaction.

  16. Invent Options for Mutual Gain • Brainstorm method of advancing parties’ interests • Invent first, then decide • Link differences, priorities • Maximize shared interests

  17. Separate People from the Problem Be unconditionally cooperative on process • Good listening • Fair characterizations • Symbolic gestures

  18. Separate Problem from the People Be firm on fair outcomes • Trade cooperation • Reason, be open to reason • Results need a fair, reasonable basis

  19. Minnesota Legislature “Good luck and good negotiating.” Dave Landis dlandis@lincoln.ne.gov

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