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Introduction:
Herb Kelman describes how problem solving workshops differ from other kinds of third-party processes, and describes the process he uses in detail.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
The Process Behind Problem Solving Workshops
Herb Kelman
Professor Emeritus, Program on Negotiation, Harvard University
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Could you describe the workshops more, and explain how they are different from a
dialogue? You mentioned the pre-negotiation, or the pre-meeting phase, rather,
and also the fact that it was confidential so there's a little more freedom to
come up with ideas. What other things characterize the problem-solving workshop?
A: The confidentiality and everything else that we do, our ground rules, and
our action as third-parties, are really geared, as much as possible, to create
the kind of atmosphere, in which people, to begin with, are willing and able to
speak to each other and listen to each other. In other words we try to create an
atmosphere in which, when I talk to my students about it-I sayit is easiest for me
to describe it in showing how it differs from a debate. In a debate people take
positions and they need to win, they need to persuade audiences. They're not
interested in what the other says or learning anything from the other. They
listen to the other only tactically. I have to know where are the other guy's
weak points so that I can attack him more effectively. What do I have to do to
outshine the other and so on. They focus more on the audience whereas we try to
create a situation in which they focus on each other. They listen to each other
in order to try to understand, they speak to each other in order to make
themselves understood.
Confidentiality is central to this, but also the behavior of the third party
is very important, and this is why I say when my students participate they are
subject to third party discipline. There is a real discipline for the third
party and part of that has to do with the fact that we are not evaluating, we
are not taking positions, we are not adjudicating differences, and so on. The
third party role is very important in that, so it is to create that kind of
atmosphere where people listen to each other and eventually try to be analytical
in the sense of gaining entry into the others perspective, to try to understand
the situation from where the other comes from, and in the process into their own
perspective. Very often people learn from this process what their own priorities
are: what is more important, what is less important. When you are involved in
this kind of positional bargaining and debating and so on, everything becomes
equally important. When you engage in a more analytical process you begin to
distinguish what is really important to me? That's what we tried to get them to
focus on; in a way it's an extension of the logic of Fischer and Ury, Getting to
Yes kind of approach. It's an extension in the sense that we want for people to
get behind their positions and explore their needs. So it's getting an
understanding of each other's, and indeed of their own, needs, fears, concerns,
priorities, and that's the first part of the workshop.
The second part is joint problem solving, joint thinking is the term that we
use, where they really try to think about not only what is good for us-what do
we have to get out of you-but what is good to both sides on the assumption that
that is the only kind of viable solution is one that is responsive to the needs
of both sides. Substantively our discussions are very unstructured. We don't
give an agenda of topics or any such thing, but they're structured in the sense
of the kinds of questions that we pose for people, that we want them to address
themselves to. The agenda changes when you have a continuing workshop because
then some of these things happen over a series of meetings. But in some ways it
replicates itself at each meeting, even at a continuing workshop. The first
thing we usually try to do is for the two parties to talk about what's happening
on the ground in their own communities. Tell each other what's the mood in my
community, what are the different opinions, how do people line up, where do we
stand personally with regard to that range of opinions, and so on, and that
fulfills some important functions. It's a ice breaker, it's more descriptive and
informational, and information-giving so that they don't immediately get into a
confrontational mode of discussion. It also establishes a very important
element-the role of the other as a resource, not only as an adversary, and this
goes back to Burton. If you want to find out what's happening in the other
community and how it's being interpreted and understood, you have to go to the
other. So it establishes the role of the other as a resource and that, I think,
can then be drawn upon in the rest of the meetings. When we have a continuing
group, they know each other and have formed relationships, and so on, but we
still always start with a kind of review, and that's very helpful.
The second phase is a needs-analysis where we ask each side to talk about
the needs, fears, concerns, on their own side. The other is not expected to
argue with these and to debate them but to try to understand them. They can ask
questions, make challenges, but basically to try to understand them, and even
when we have a continuing workshop we may repeat that as we take up-in a
general workshop we might just start with what are the basic needs and fears
that have to be addressed for a solution to this conflict to be acceptable in
your community. In a continuing workshop we might do this with respect to a
particular issue. On the issue of Jerusalem, what are the needs, and so on and
so on? That same format applies even when you have a group that has worked
together for some time. Then we end that at some point. You can't give it an
artificial ending but at some point we come to a conclusion a) we've gone as far
as we can go today, and b) we want to move on. So we usually end it by asking,
we haven't always done this but now I do this fairly routinely, each side to
summarize what they heard from the other. This is kind of a test and then the
other can correct it, say well no, you didn't quite understand this, or maybe we
didn't make this clear. It's a way of testing how well they have understood.
Then we move into the third phase which is the joint thinking phase that I
described in which the assignment is a difficult assignment of not only being a
spokesperson for your own side but being a spokesperson for a mutually
acceptable solution, and really working together in shaping that. The next
phase, the next element of the agenda, is discussion of constraints, which are
extremely important, the political constraints, and the two sides need each
other to understand that, the public opinion on the other side. This is
something that the parties in conflict generally don't understand. They
understand their own public opinion very well, they know what the constraints
are, but they kind of seem to think that the other can operate without
constraints. I prefer not to do too much of that in the earlier phases, like in
the joint thinking phase, because this is sort of consistent with the whole logic of
brainstorming, you don't want people to chop off potentially creative
ideas right at the start. I don't want them to say that this will never work. I
say lets leave that for the moment and see if we in this room can agree on
something, and come up with a formula. Then we ask if it can work, if not, why not,
and what can we do about it. That's why I try to reserve discussion of
constraints for the next phase. The final phase is how do we overcome the
constraints and that's what we talk about, what can we do, individually,
collectively, together, apart. The agenda is structured in terms of these
general categories but not in terms of the substance. There we want the
participants to be as free as possible.
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