Module 12: The Power, Rights, Interests Paradigm  

Learning Outcomes

After successful completion of this module, students will be able to:

  • Understand the power, rights, and interests concepts as methodologies for responding to conflict.
  • Understand the nature of rights.
  • Understand the ways that rights are foundational for social groupings.
  • Understand advantages and disadvantages of power, rights, and interests.
  • Begin to understand the myriad rights that connect within a small transaction.
  • Distinguish between rights-based, power-based, and interest-based negotiation.
  • Understand that some resolution methods can draw on more than one of the methodologies.
  • Understand that each approach has uses, and that there are reasons for choosing among them.

Introduction to Module

In this module, we look at the question of the stances we take prior to entering the conflict resolution process. The three stances are power, rights, and interests. Understanding these stances helps us assess the basic approach we take to negotiation, but it also helps us decide whether to choose an approach to conflict resolution other than negotiation.   

Quiz

This quiz is based on the readings for modules 11 and 12. Please make sure you complete all of the readings for the week before taking the quiz. Once you have completed the quiz, please return to this module and complete the module content. Quizzes can be accessed from the Course Home page by clicking on Submit and then Quizzes on the course navigation bar. Please check the Course Schedule for due dates and the Quizzes Overview for complete instructions. 

Readings 

  1. Michele Maiese. "Interest, Rights, Power, and Needs Frames." Beyond Intractability.  Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: September 2004. (Course Reserves)
  2. William Ury, Jeanne Brett, and Stephen Goldberg. "Three Approaches to Resolving Disputes: Interests, Rights, and Power." Getting Disputes Resolved: Designing Systems to Cut the Cost of Conflict. Cambridge: The Program on Negotiation at Harvard Law School, 1993. pp. 3-19. (Course Reserves)

Content


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Topic 1: Introducing the Power, Rights, Interests Paradigm

An Example of the Power, Rights, Interests Paradigm

Two people go to a store to buy a particular variety of orange. They each only want one, but there is only one left. There are a number of options available to the shopkeeper to resolve this conflict:

  1. The shopkeeper could simply decide, without any conversation, which customers get the orange. There is no particular reason for this decision, except that perhaps the shopkeeper likes one person more than the other.
  2. The shopkeeper could discuss with the parties and determine which person got there first, or for some other reason has a superior claim on the orange.
  3. The shopkeeper could ask why each person wants the orange - one wants the peel for a cake and the other wants the juice to drink. Having sorted this out the shopkeeper can help the parties figure out the solution to the problem.

The approaches taken by the shopkeeper correspond to the three stances addressed in this module:

  1. By simply telling the customers which one gets to take the orange, the shopkeeper is operating from a power stance. By power here, I mean power over.
  2. By engaging in a conversation over which customer has a superior claim on the orange (e.g. by determining who got there first) the shopkeeper is operating on the basis of rights.
  3. By asking why the parties each want the orange, the shopkeeper is using interests, and is engaging the customers in an interest-based conversation that enables them to find the solution.

Lecture

In the following presentation, we will map conflict resolution methods against these stances. We will also explore these methods in depth later in the module.

 

Topic 2: Defining the Terms

Graded Activity

This graded activity has three parts.

Step 1: Listen to the three lectures on power, rights, and interests. At the end of each lecture segment, analyze how the term connects to a cup of coffee (as discussed in the lecture “Non-Human Rights Legislation, Customs and Contract"). Consider a lowly cup of coffee from Tim Hortons and answer the following questions for each lecture:

  • What forms of power are represented?
  • What rights are represented?
  • What interests are represented?

Step 2: Reflect on what insights this activity gave you regarding power, rights and interests. Write 2 sentences explaining this reflection.

Step 3: Save these sentences and add them to your Activity Reflection 1 page. Please check the Course Schedule for due dates and the Activity Reflections Overview for complete instructions.

Lecture

In the following presentation, we will define the following terms: power, rights, and interests.

 

Topic 3: Intersections

Lecture

It is important to remember that power, rights and interests are present in all relationships. Each relationship will have a different balance. There will be a greater emphasis on rights and power in the relationship of employee and employer than in an intimate relationship. Nevertheless, all three are present in each case.

The issue we are addressing in this module is not the issue of which of power, rights and interests are present in the relationship, nor are we interested in which of the three is driving the conflict. The question here is which of the three is used to resolve the conflict. In every relationship we have the choice of any one of the three. The issue then is which of these stances do we take in addressing the conflict.

In this course we have a bias toward interest-based methods for the reason articulated earlier about the advantages of interest-based methods. This does not mean that in some cases the others are not useful or necessary.

Try it at Home

Complete the following ungraded Try it at Home task to help you understand the concepts in this section:

Reflecting on your conflict (either the one for the summary or another one), answer the following question:

  • In what ways did you rely on interests, rights, and power in resolving the conflict?