8125

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

How Mediation Works 37
issues to be negotiated, the contents of an acceptable solution,
and the process by which an agreement is to be reached.
In interest-based bargaining, the negotiators do not neces-
sarily assume that the substantive resource in question-money,
time, behavior, and so forth-is necessarily limited. They do not
assume that the resource must be divided into shares in which
one bargainer is a winner and the other a loser. The attitude of
the interest-based bargainer is that of a problem solver. The goal
of negotiation is to find a solution that is mutually satisfactory
and results in a win-win outcome.
Interest-based bargainers believe that settlements in nego-
tiations are reached because a party has succeeded in having his
or her interests satisfied. Interests are specific conditions (or
gains) that a party must obtain for an acceptable settlement to
occur. Interests are of three broad types: substantive, proce-
dural, and psychological. Substantive interests refer to the needs
that an individual has for particular tangible objects such as
money and time. Substantive interests are usually the central
needs on which negotiations focus.
Procedural interests refer to the preferences that a nego-
tiator has for the way that the parties discuss their differences
and the manner in which the bargaining outcome is imple-
mented. Possible procedural interests may be that each person
have the opportunity to speak his or her mind, that negotiations
occur in an orderly and timely manner, that the parties avoid
derogatory verbal attacks, that the plan for implementing the
agreement be worked out in detail prior to final settlement, and
that a written document or contract should result from bar-
gaining.
Psychological interests refer to the emotional and rela-
tionship needs that a negotiator has both during and as a result
of negotiations. Negotiators want to have high self-esteem, want
to be respected by their opponent, and do not want to be de-
graded in negotiations. If the relationship is to be ongoing, the
negotiators may want to have ongoing positive regard from the
other party for their openness to future communication.
In the Singson-Whittamore case, Whittamore's interests
include: (1) a desire to remain in town so that he can see and