8125

• UCREFRP Catalog Number: 8125
• Author: Moore, C. W.
• Title: Editor
• USFW Year: Series
• USFW - Doc Type: 1986
• Copyright Material: YES

36 The Mediation Process
interest-based bargaining occurs when parties do not see re-
sources as limited and solutions can be found in which all par-
ties can have at least some of their needs met.
Positional bargaining derives its name from the practice
of selecting a series of positions-particular settlement options
that meet a party's interests-and presenting these to an oppo-
nent as the solution to the issue in question. A party's position
may or may not be responsive to the needs or interests of other
negotiators. Positions are generally ordered sequentially so that
the first position is a large demand and represents a negotiator's
maximum expectation of gain should his or her opponent ac-
quiesce. Each subsequent position demands less of an opponent
and results in fewer benefits for the initiating party. Character-
istically, positional bargaining often commits parties early in
negotiations to very specific solutions to issues in dispute and
often reduces flexibility to generate other equally acceptable
options.
In the Singson-Whittamore case, Whittamore's possible
positions might include: "I refuse to pay any penalty for break-
ing the contract because the no-competition clause is not consti-
tutional." Singson might respond with counter positions: "Pay
the penalty fee immediately or move out of town," or "You
must pay the penalty, but we can negotiate when it is due."
Disputants often adopt positional bargaining when
• The stakes for winning are high.
• The resources (time, money, psychological benefits, and so
forth) are perceived to be limited.
• A win for one side will mean a loss for another.
• Interests of the parties are not interdependent or are con-
tradictory.
• Future relationships have a lower priority than immediate
substantive gain.
• All major parties have enough power to damage the others if
an impasse in the negotiations occurs (Moore, 1982b).
Interest-based bargaining, in contrast to positional bar-
gaining, is based on different assumptions about the substantive