Negotiation Core Slides THE NEGOTIATION CORE
Positions vs. Interests
RESOLUTION BLUEPRINT: LESSON 01
The Orange Quarrel
A Classic Conflict Scenario
"Two students are arguing over the last orange in the kitchen. Both claim they absolutely need it. Neither will budge."
The "Fair" Solution?
Cut it in half (50/50 split)
One person takes it today, the other tomorrow
The Realization
When they finally talk about why they want it:
Student A wants:
The Juice (to drink)
Student B wants:
The Peel (to bake a cake)
Both could have had 100% of what they needed.
Positions vs. Interests
Positions
What they say they want
"I want the orange."
Demands and ultimatums
Rigid and specific solutions
Often creates "Win-Lose" mindset
Interests
Why they want it
"I need the zest for a recipe."
Needs, concerns, and fears
Flexible and varied options
Creates "Win-Win" possibilities
The Negotiation Iceberg
Only the position is visible above the surface.
Position
"What I say"
Interests
Needs
Concerns
Desires
Fears
Goal: Move the conversation below the waterline.
Principled Negotiation
Developed by Fisher and Ury, these four principles form the foundation of professional mediation.
"Don't bargain over positions; solve the problem based on its merits."
01
Separate the People from the Problem
02
Focus on Interests, Not Positions
03
Invent Options for Mutual Gain
04
Insist on Objective Criteria
Decoding Conflict Worksheet Decoding the Conflict
Lesson 01: Positions vs. Interests
Name:
Date:
Quick Reference
Positions (The "What")
Surface-level demands, specific solutions, and "take-it-or-leave-it" stances.
Interests (The "Why")
Underlying needs, concerns, desires, and fears that drive the position.
1 Breaking Down the Orange Quarrel
Recall the scenario from class. Identify the positions and interests of both students.
Student A (The Juice)
Position:
Underlying Interest:
Student B (The Zest)
Position:
Underlying Interest:
2 Translating Positions to Interests
Read each demand. Identify a possible underlying interest (the "why").
Surface Position (Demand) Underlying Interest (Need/Fear) "I want my phone back right now!" "My roommate needs to move out by Friday."
|
| "The team must practice for 4 hours every day." |
|
| "We are not changing the cafeteria menu." |
|
3 Case Study: The Silent Study Hall
A school is debating a new policy. The Principal demands Total Silence in the study hall. The Students demand Collaborative Work Zones where they can talk freely. Currently, they are stuck in a deadlock.
Identify one interest the Principal might have for requiring silence:
Identify one interest the Students might have for wanting to talk:
The Resolution Blueprint:
Based on those interests, propose one solution that satisfies both parties (avoiding a simple 50/50 split).
Negotiation Core Teacher Guide Teacher Resource
Negotiation Core Facilitation
Lesson 01 Guide
Estimated Time: 50-60 min
Objective 1
Differentiate between surface positions and underlying interests in conflicts.
Objective 2
Apply the Harvard Negotiation Project principles to simple conflict scenarios.
Objective 3
Identify "Win-Win" opportunities by focusing on interests rather than compromise.
The Hook: The Orange Quarrel (10 min)
This classic exercise reveals the inefficiency of compromise versus interest-based resolution.
Facilitation Notes:
Invite two students to the front. Place an orange (or a picture) between them.
Tell them: "You both need this orange. You cannot share it half-and-half. Negotiate."
Observe their tactics. Most will argue based on "I saw it first" or "I need it more."
After 2 minutes, stop them. Whisper to Student A: "You need the juice for a smoothie." Whisper to Student B: "You need the zest (the peel) for a cake."
Ask them to try again now that they know why they need it.
Key Debrief Question:
"Why did the first negotiation feel like a competition, while the second felt like problem-solving?"
Worksheet Guidance & Answer Key
Position Likely Interests (The "Why") "I want my phone back right now!" Need for connection, fear of missing an important update, sense of autonomy/privacy. "My roommate needs to move out." Need for peace/quiet, need for personal space, fear of continued conflict/stress. "4 hours of daily practice." Desire to win, fear of underperforming, commitment to excellence/standard-setting.
Case Study Solution Logic
Scenario: Silent Study Hall
Interests
Principal: Maintaining order, school rankings (GPA), preventing bullying.
Students: Completing group projects, social connection, peer learning.
Interest-Based Resolution
"Zone the study hall: 50% is the 'Quiet Zone' for deep focus; 50% is the 'Collaboration Zone' for group work and peer tutoring."
Exit Ticket Suggestion
"Think of a disagreement you had recently. What was your position , and what was your actual interest ? How might knowing the other person's interest have changed the outcome?"
Mediation Process Slides STRUCTURING MEDIATION
From Chaos to Consensus
RESOLUTION BLUEPRINT: LESSON 02
The Neutral Third Party
A mediator is NOT a judge. They do not decide who is right or wrong.
Process Manager (Sets the rules)
Active Listener (Clarifies points)
Neutral Guide (Uncovers interests)
MEDIATOR
"The mediator owns the process,
The 5 Stages of Mediation
1
Introduction
Setting the rules, safety, and goal of neutrality.
2
Storytelling
Each party tells their side without interruption.
3
Agenda Setting
Identifying the key issues to be solved.
4
Negotiation
Exploring interests and brainstorming options.
5
Agreement
Drafting the specific, written resolution.
The Opening Statement
The mediator's first job is to create a safe environment. They must state:
Their Neutrality (No bias)
Confidentiality (What stays here)The Ground Rules (No interruptions)
Mediator Script Preview:
"Hello, my name is [Name]. I am here to help you resolve this dispute today. I am a neutral party, which means I don't have a side. What we say here is confidential, meaning I won't share it outside this room. To start, we have three rules: No interrupting, no name-calling, and we will work toward a solution together. Do you both agree?"
Active Listening Tools
Paraphrasing
"So, what I'm hearing is that you feel frustrated because..."
Confirms you understood the facts and feelings.
Clarifying
"Could you tell me more about what happened when...?"
Digs deeper into the "Interest" below the position.
Validating
"It sounds like that was a very difficult experience for you."
Acknowledges emotions without taking a side.
Mediators Roadmap Worksheet The Mediator's Roadmap
Lesson 02: Process Mastery
Name:
Date:
The 5 Stages of Mediation
1
Introduction
What must the mediator establish here?
Rule 1:
Rule 2:
2
Storytelling
What is the goal of this stage?
3
Agenda Setting
How does the mediator group the "interests" identified?
4
Negotiation
What technique from Lesson 1 is most important here?
5
Agreement
What form must the final resolution take?
The Opening Statement Lab
The first 3 minutes of a mediation define the outcome. You must prove you are neutral and that the process is safe .
Neutrality
Confidentiality
Ground Rules
Draft your own professional Opening Statement below:
Does your script avoid taking a side?
Yes
Needs Work
Expanding the Pie Slides EXPANDING THE PIE
Generating Options for Mutual Gain
RESOLUTION BLUEPRINT: LESSON 03
The "Fixed Pie" Myth
Zero-Sum Thinking
"For me to get more, you must get less. We are just fighting over how to slice this one pie."
Integrative Thinking
"How can we bake a bigger pie so that both of our needs are met more fully?"
Stop splitting. Start creating.
Knowing Your Leverage
BATNA
Best Alternative To a Negotiated Agreement
"If this deal fails, what is the next best thing I can do?"
Ex: If I don't get this job raise, I already have an offer from another company.
WATNA
Worst Alternative To a Negotiated Agreement
"If this deal fails, what is the worst thing that could happen?"
Ex: If we don't settle this lawsuit, we might go bankrupt in court.
Use these to decide: Should I walk away or keep negotiating?
Rules for Option Generation
Separate Inventing from Deciding
Don't judge ideas yet. Just get them on the board.
Broaden the Options
Think of 5 variations for every 1 idea.
Look for Mutual Gain
What costs me little but benefits you a lot?
Make Their Decision Easy
Frame options as something they can say "Yes" to easily.
Technique: "Log-Rolling"
Trading what you value less for what you value more.
"I care most about the deadline . You care most about the budget . Let's trade: I'll give you more money if you give me a faster delivery."
Exercise: The Vacation
Person A: Wants a beach (Value: 10/10)Person B: Wants a city (Value: 10/10)Solution? Find a Beach City (Ex: Barcelona, Miami)
Leverage Lab Worksheet The Leverage Lab
Lesson 03: BATNA & Mutual Gain
Name:
Date:
Assessing the Walk-Away Point
Scenario: The Summer Shift
You work at a local cafe. Your manager wants you to work every Saturday night. You want Saturdays off to be with friends. If you can't reach an agreement, you could quit and work at the library (where you'd make $2 less per hour), or you could get fired if you just don't show up.
Identify your BATNA:
(Best alternative if this negotiation fails)
Identify your WATNA:
(Worst alternative if things go poorly)
The Evaluation
Compare your current position to your BATNA. Should you walk away if the manager refuses any change?
Yes, walk away
No, keep trying
Why? (Explain your reasoning based on the $2 difference vs. social time)
Log-Rolling: Trading Values
List 3 things you value in this job and 3 things your manager likely values. Then find a trade.
Your Values
Manager's Values
The Integrative Option
Propose a "Bigger Pie" solution where you give up something low-value to you (but high-value to them) in exchange for Saturdays off.
Rapid Fire Options
Wild Idea 1
Wild Idea 2
Wild Idea 3
Ironclad Resolutions Slides IRONCLAD RESOLUTIONS
Drafting Sustainable Agreements
RESOLUTION BLUEPRINT: LESSON 04
Why Agreements Fail
Ambiguity
Phrases like "as soon as possible" or "be more respectful" mean different things to different people.
No "What Ifs"
The agreement doesn't say what happens if someone breaks the rules.
Unrealistic Expectations
Making promises that are physically or emotionally impossible to keep long-term.
"The best resolution is one that
The SMART Framework
S
Specific
Who, what, where, and exactly how?
M
Measurable
How will we know it happened?
A
Achievable
Can they actually do this?
R
Relevant
Does it solve the interest?
T
Time-Bound
When does it start and end?
Ambiguity is the Enemy
Weak Clause:
"Sam agrees to be quieter in the mornings so Alex can sleep."
Problems:
What does "quieter" mean? (Headphones? Tip-toeing?)
When is "the morning"? (5 AM? 10 AM?)
What if Sam forgets?
Ironclad Clause:
"From Monday to Friday, between 6:00 AM and 9:00 AM, Sam will use noise-canceling headphones for all video games and music. If Sam needs to use the kitchen, they will not use the microwave until after 9:00 AM."
The "Safety Net" Clause
Even the best agreements might face obstacles. Contingency planning builds trust.
The "What If" Question:
"What happens if one of us can't keep this promise next Tuesday?"
Examples:
"If there is a misunderstanding, we agree to meet again with the mediator."
"Sam will text Alex 24 hours in advance if they need to change the schedule."
"We will review this agreement in two weeks to see if it's working."
Loophole Hunt Worksheet The Loophole Hunt
Lesson 04: Durability & Detail
Name:
Date:
Identify the Weaknesses
Read the two poorly written clauses below. List 2 reasons why each one might fail (look for ambiguity, lack of measurement, or missing timelines).
Bad Clause A: The Cleaning Dispute
"Jordan and Taylor agree to keep the shared bathroom cleaner than it has been in the past."
Flaw #1:
Flaw #2:
Bad Clause B: The Screen Time Argument
"Alex will stop playing video games whenever Morgan needs to study for a big test."
Flaw #1:
Flaw #2:
The SMART Rewrite
Choose ONE of the clauses above and rewrite it so it is Specific, Measurable, and Time-bound .
Adding a Safety Net
Draft a "What If" clause for your rewritten agreement. What happens if someone fails to follow through?
Mediation Summit Briefing Slides THE MEDIATION SUMMIT
Capstone Simulation
FINAL ASSESSMENT
The Case: "Green vs. Grid"
A 2-acre lot in the center of town has been vacant for 10 years. Two groups have submitted competing proposals to the City Council.
The Gardeners
Want a quiet, community garden for organic farming and senior events.
The Skaters
Want a modern skate park and youth social hub with music and lighting.
The Challenge:
Both groups are threatening to protest the City Council. The Mayor has ordered a Mandatory Mediation to resolve the conflict before the deadline.
Deadline: 45 Minutes to Resolution
Summit Roles
The Mediator
Run the 5 Stages
Uncover Interests
Ensure SMART drafting
"I own the process."
The Gardener
Represent the seniors
Protect the soil
Manage your BATNA
"I protect the community's peace."
The Skater
Advocate for the youth
Push for inclusivity
Seek mutual gain
"I build the future."
Summit Rules of Engagement
1. Confidentiality First
Do not show your confidential role sheet to anyone else. It contains your private interests and BATNA.
2. The "Walk Away" Power
If the negotiation fails your BATNA, you have the right to leave. But remember: a failed summit is a loss for the town.
3. Stick to the Script
Mediators must start with a formal Opening Statement. Disputants must follow the Ground Rules.
4. Final Deliverable
The session is only complete when all three parties sign the SMART Resolution Agreement.
How You Are Evaluated
Process
Did you follow the 5 stages of mediation correctly?
Interests
Did you move past positions and solve for needs?
Agreements
Is the final document SMART and ironclad?
Professionalism
Did you maintain neutrality and respect?
"Good luck, Resolution Blueprinters!"
Mediation Summit Dossiers Confidential Dossiers
DO NOT SHARE YOUR SHEET WITH OTHER PARTIES
Role: The City Council Mediator
Primary Neutral
Your Objective
Prevent a public protest. Your goal is to reach a signed agreement within 45 minutes. You don't care what the solution is, as long as both parties feel heard and the Mayor is happy.
Confidential Facts
The City Council has a budget of $50,000 for "safety and lighting" that can be used for either project.
The council is worried about noise complaints from the nearby neighborhood.
Mediator Checklist
Establish Ground Rules (Introduction)
Ask: "What does this project mean to you?"
Ask: "What are your concerns about the other proposal?"
Facilitate "Log-Rolling" (Trade values)
Draft the SMART Agreement
Role: The Community Gardener
Disputant A
Your Position
"We want the entire 2 acres for organic farming. Skateboards are loud and dangerous for our seniors."
Underlying Interests (Secret)
Safety: You are terrified that a skateboard will hit a senior citizen.Peace: You need silence for the meditation garden.Space: You only actually need 1 acre for the crops; the rest was just for "buffer."
Your BATNA
If this fails, you will petition the State for a "Historical Landmark" status, which would block ALL development for 5 years. This is your leverage.
Your Walk-Away Point:
If there is NO physical barrier between the park and the garden, you walk away.
Role: The Skateboard Advocate
Disputant B
Your Position
"The youth have nowhere to go. We need the full lot for a world-class skate park and concert stage."
Underlying Interests (Secret)
Identity: You want a place where youth feel they belong.Activity: You need at least 0.5 acres for the actual ramps.Safety: You need lighting for the park so kids aren't skating in the dark/danger.
Your BATNA
If this fails, the skate shop that was funding you will pull out, and you'll have to keep skating on the sidewalk where the police give you tickets.
Your Walk-Away Point:
If the park doesn't have lights or is smaller than 0.5 acres, you walk away.
Mediation Summit Agreement Form Formal Resolution Agreement
City Council Mediation: "Green vs. Grid" Project
Case File: #2026-MED-05 Date: _________ Location: City Hall Annex
Party A (Gardener Representative)
Party B (Skater Representative)
I. Core Resolution Clauses
Parties agree to the following SMART (Specific, Measurable, Achievable, Relevant, Time-bound) terms:
1. Land Allocation & Boundary:
2. Usage Rules & Timing:
3. Shared Resources (Funding/Lighting/Security):
II. Contingency & Review
In the event that any party is unable to fulfill their obligations, the following steps will be taken:
Party A Signature
Party B Signature
Mediator Verification
Mediation Summit Teacher Guide Teacher Resource
Mediation Summit Facilitation
Capstone Evaluation
Estimated Time: 60-90 min
Room Setup & Grouping
Groups: Organize students into trios (Mediator, Gardener, Skater).
Environment: Each group needs a private table. Mediators should sit between the two disputants.
Materials: Ensure each student has their confidential dossier and the group has one Agreement Form.
Teacher's Role:
Circulate as "The Mayor." If a group is stuck, offer a "City Council Grant" ($50k) to help fund a creative solution (like a sound-proof wall or extra lighting).
Summit Performance Rubric
Category Exceptional (4) Proficient (3) Developing (2) The 5 Stages Clearly moved through all 5 stages; formal opening and closing. Stages were present but rushed or out of order. Missed key stages (e.g., Storytelling or Agenda). Interest Discovery Identified secret interests (Safety, Peace, Identity) through questioning. Focused mostly on positions but found 1-2 interests. Stayed stuck on positions/demands throughout. Mutual Gain Used "Log-Rolling" to trade space for safety/funding. Solution was a 50/50 split (not integrative). One party gave up everything; no mutual gain. Final Agreement Clause is SMART and ironclad with a contingency plan. Agreement is clear but lacks a "What If" or specific timeline. Agreement is vague (e.g., "be nice and share").
Post-Summit Debrief (15 min)
Recommended Discussion Prompts:
"Mediators: What was the hardest part of remaining neutral?"
"Disputants: Did the mediator help you feel safe enough to share your secret interests?"
"What would have happened if you just split the land 50/50 without talk of interests?"
"How can you apply these frameworks to a real conflict in your life right now?"
Assessment Ready
