1. Problem Solving Negotiation -
the Maryland Legislature
Urban Development Director,
Former Senator David Landis

2. Auction Rules
• Real money is exchanged
• No bid more than 10 cents
• Bids divisible by 5
• No talking but bidding
• High bid pays and gets item, second high
bid pays and does not get item.

3. Auction Debrief Responses
• Recognize the behaviors our incentives
reward
• Securing gain (credit) and avoiding loss
(blame) are powerful motives
• Productive talk can stop escalations

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

5. Legislative Context for Deals
• Secondary tool to majority rule
• Party caucus, legislative committees
• Within the House, Senate
• Between the Chambers, with Governor
• With the lobby, interest groups,
constituents

6. Role #5 - Observer
• Don’t give away information or reactions
– just watch.
• Watch for exaggerations, threats, offers
and counter-offers.
• Notice questions particularly.

8. Role #1
Your mother says, “Go to the store. Bring
me an orange. You come home without
an orange and you’ll be in trouble.”

10. Role #2
Your mother says, “Go to the store. Bring
me an orange. You come home without
an orange and you’ll be in trouble.”

12. Role #3
Your mother says, “Go to the store and
bring me an orange. Family is coming
over tomorrow, I’m going to peel the
orange and cut up the pulp for a fruit
salad. Bring me an orange or you’ll be in
trouble.”

14. Role #4
Your mother says, “Go to the store, bring
me an orange. Family is coming over
tomorrow. I’m going to peel the orange
and grate the peel to flavor some orange
bread I’m making. Bring me an orange
or you’re in trouble.”

15. 5 into 2
• No division of items
• No side deals
• Must divide all five between you
• Divide in 2 minutes or get nothing
• Item:
-5 crisp $ 1,000 bills

16. 5 into 2
• 2 tickets, great concert
• Designer jacket
• Glider flight over Grand Canyon
• Elegant, fine French meal for 2
• Martha Stewart cooks and cleans
• All the same rules
• Items:

17. Worker’s Comp Deal
Business Labor
Dr. Choice
Managed Care
Indexed Benefits
Safety Comm./
Inspectors

18. Worker’s Comp Deal
Business Labor
Dr. Choice Yes
Managed Care Yes
Indexed Benefits No
Safety Comm./
Inspectors
No

19. Worker’s Comp Deal
Business Labor
Dr. Choice Yes No
Managed Care Yes No
Indexed Benefits No Yes
Safety Comm./
Inspectors
No Yes

20. Worker’s Comp Deal
Business Labor
Dr. Choice Yes 1 No
Managed Care Yes 2 No
Indexed Benefits No 3 Yes
Safety Comm./
Inspectors
No 4 Yes

21. Worker’s Comp Deal
Business Labor
Dr. Choice Yes 1 No 3
Managed Care Yes 2 No 4
Indexed Benefits No 3 Yes 1
Safety Comm./
Inspectors
No 4 Yes 2

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

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

24. Problem Solving Negotiation
“Good luck and good negotiating,
Dave Landis
dlandis2@unl.edu