Brainstorming and Negotiating

Objective:

By the end of this lesson, you will learn how to facilitate brainstorming and negotiation. These skills will enable you to guide parties in generating creative solutions and reaching mutually beneficial agreements, strengthening your mediation toolkit.

Role Play: A Dispute Between a School and Parents in Nyeri Over School Fees

To apply the concepts of this lesson, consider the following scenario:

Background: In Nyeri, a private school, St. Mary’s Academy, and a group of parents, led by Susan, are in conflict over school fees. The school raised fees by 20% (to KSH 50,000 per term) due to rising costs, but Susan’s group demands a rollback to KSH 40,000, claiming it’s unaffordable. The school insists on the increase for quality education, while parents threaten to withdraw their children, escalating tensions.

Parties Involved:

• Mary’s Academy (School): Defends the fee hike for operational needs.
• Susan (Parents’ Leader): Wants affordable fees, feels burdened by the increase.

Task: As you work through this lesson, think about how brainstorming and negotiating could help St. Mary’s and Susan resolve their dispute. What solutions could you generate, and how would you negotiate them? We’ll revisit this at the end to apply your learning.

Course Content:

1. Techniques for Brainstorming Solutions

Brainstorming fosters creative problem-solving, as outlined in the 40-Hour Mediation Course Handbook (Module 5, p. 75):

• Definition: Brainstorming is “a process where parties generate multiple ideas without immediate judgment to address their dispute.”
• Techniques:
  • Encourage Openness: Invite all ideas, e.g., “Susan, what options could work for parents? School, what could help your budget?”
  • Defer Criticism: Set a rule: “No idea is bad—let’s list everything first,” preventing shutdowns.
  • Build on Ideas: Combine suggestions, e.g., “What if we paired a smaller fee increase with fundraising?”
  • Use Visual Aids: Write ideas on a board (e.g., fee plans, subsidies) to keep momentum.
• Purpose: Expands options, shifting focus from positions (KSH 40,000 vs. KSH 50,000) to possibilities.

Key Insight: Brainstorming unlocks creativity, breaking stalemates.

Reflection Question: How might brainstorming help Susan see beyond just a fee rollback?

2. Principles of Negotiation

Negotiation turns ideas into agreements, guided by principles from the handbook (Module 5, p. 76, tied to Module 1’s Harvard Approach, p. 14):

• Separate People from the Problem:
  • How: Focus on the issue (fees), not personalities (e.g., “lazy school” or “cheap parents”). “Let’s address the fee structure, not blame.”
  • Why: Reduces emotion, e.g., Susan’s frustration or the school’s defensiveness, keeping talks productive.
  • Example: “Susan, I know this is stressful—let’s solve the cost issue together.”
• Focus on Interests, Not Positions:
  • How: Dig into why they want something. “School, why do you need KSH 50,000? Susan, what’s behind KSH 40,000?”
  • Why: Uncovers needs (school: quality; parents: affordability), not just demands, opening compromise.
  • Example: “If the school ensures quality at a lower fee, Susan, would that work?”
• Additional Principle (Implied): Generate Mutual Gains:
  • How: Seek win-win options, e.g., “What if parents fundraise to offset costs?”
  • Why: Ensures both feel satisfied, not defeated.

Key Insight: Negotiation aligns interests, not just numbers.

Reflection Question: What might be the school’s underlying interest beyond the fee hike?

3. Practical Exercises in Negotiation

Practice refines these skills, as encouraged in the handbook (Module 5, p. 81). Here are exercises tied to the role play:

• Exercise 1: Brainstorming Practice
  • Scenario: Susan says, “We can’t pay more!” School says, “We need the funds!”
  • Task: List five ideas without judging. Example: 1) Smaller fee hike, 2) Payment plans, 3) Scholarships, 4) Fundraising, 5) Cost cuts.
  • Goal: Generate options for later negotiation.
• Exercise 2: Negotiation Principle Practice
  • Scenario: Susan demands KSH 40,000; school insists on KSH 50,000.
  • Task: Apply “separate people from problem” and “focus on interests.”
    • Separate: “Let’s set aside frustration and look at the fee issue.”
    • Interests: “School, what costs drive the increase? Susan, what’s affordable for parents?”
  • Goal: Shift from positions to needs.
• Exercise 3: Full Negotiation Practice
  • Scenario: Parents propose a KSH 45,000 cap; school wants KSH 48,000 with extras.
  • Task: Brainstorm and negotiate.
    • Brainstorm: Add “parents volunteer for maintenance” or “school delays some upgrades.”
    • Negotiate: “Susan, if the school cuts extras for KSH 45,000, does that work? School, can you manage that?”
  • Goal: Reach a mutual-gain deal, e.g., KSH 45,000 with parent support.

Key Insight: Practice turns brainstorming into actionable agreements.

Reflection Question: Try brainstorming three solutions for Susan and the school—how do they feel?

Applying the Lesson to the Role Play

Let’s revisit St. Mary’s and Susan’s dispute:

• Brainstorming:
  • You’d say, “Let’s list all possible solutions—no judgment.” Ideas: 1) KSH 45,000 fee, 2) Installment plans, 3) Parent fundraising, 4) School cuts non-essentials, 5) Scholarships for needy students.
• Negotiation:
  • Separate People: “Susan, I know this is tough—let’s focus on fees, not faults. School, same for you.”
  • Focus on Interests: “School, you need funds for quality—right? Susan, you want affordability—what’s key?”
  • Outcome: KSH 45,000 with parents fundraising for extras meets both needs.
• Process: You guide brainstorming, then negotiate a deal balancing quality and affordability.

Your Role as Mediator: You’d facilitate idea generation and steer negotiation toward a practical, interest-based solution.