interest-based-trading - Studio Legale Torino

Lawyer Enrico Grande

+39 011 8141448 | e.grande@tpblex.it

Lawyer

Enrico Grande

Piazza Camillo Benso di Cavour, 3 - 10123 Turin
Tel. +39 011-8141448 / Fax. 011-0432137

Mail. e.grande@tpblex.it

Pec. enricogrande@ordineavvocatitorino.it

Piazza Camillo Benso di Cavour, 3 - 10123 Turin
Tel. +39 011-8141448 / Fax. 011-0432137

Mail. e.grande@tpblex.it

Pec. enricogrande@ordineavvocatitorino.it

Law firm with 26 years of activity and sectoral experience in family and personal law, customized solutions

Negotiation based on interests

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Negotiation based on interests

“What You see depens on your point of view. To see your point of view you have to change point of view” (Marinella Sclavi).

Like conflict, negotiation is a fact of life. We negotiate every day on the most disparate things, even to resolve a conflict and reach an agreement with people with different ideas and interests (sometimes conflicting and sometimes similar to ours). Even in Court, to find an agreement before the sentence, before someone decides for us.
The way you negotiate is crucial. My approach is the one developed at Harvard University since 1970s. It is the so-called "negotiation on the merits". A third way to "hard" or "soft" negotiations.

It is a negotiation based on interests, on the expression of human needs that underlie and motivate the requests of the parties, rather than the mere requests themselves ("positions").

It involves techniques and approaches that are very different from the "positional" negotiation in which one works at the "pull of the rope" to obtain the number, the result one has in mind, generating a winner and a loser. In negotiation on the merits, one negotiates with the other parties without considering them as adversaries (recognizing that they have a different point of view from ours but a common problem to solve), trying to understand everyone's interests (understanding interests does not mean sharing them) in so as to generate as many possible solutions and choose the most efficient one, also using objective criteria.

Positional negotiation is easy, because it does not require any specific preparation, anyone can do it. Interest-based merit negotiation requires preparation, commitment, inventiveness, creativity, listening skills. It can generate much more efficient, satisfying and lasting results for the parties involved.
The method is the basis of Collaborative Practice, even if in the latter work tool it has been further refined to make it more effective, thanks to the sharing of values and rules by all the professionals qualified to use it (with common and mandatory training) .

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