Thinking about Interests

Thinking about interests is very difficult for me.  They are the negotiation.  The books outline what should b done in a very technical sense, but the importance of interests to a client are often unfathomable to those reading a text.  I understand the importance of knowing the basics, but the emotions of the greatest interests are difficult to understand just from a text.  However, it is only reasonable to look at the basic outline if there is any chance of bringing those emotions some sort of justice.  In every legal conflict, each side holds a position.  When those positions become interests, a negotiation can reasonably occur.  Interests are what each party wants to protect and take away from a legal battle.

The commonly known interests are substantive interests, process interests, and relationship interests.  Substantive interests are the easiest to identify in a negotiations.  These are the highlighted interests in financial issues—these are often the most visible issues to outside parties, and are often the easiest takeaway from a negotiation.  Process interests are how the negotiation occurs.  The style and ease of the negotiation can earn substantive interests, or make other negotiations in the future easier (or even accessible).  This is related to relationship interests which value—surprise surprise—the inherent relationship between the parties.  If the parties do not want to damage the relationship, that can change the structure of the negotiation.

Negotiations are layered with interests, and each party attributes different values to the interests a stake.  The key is to get each party the greatest benefit in his/her interest.  Interests are subject to change, but the deepest values are not something that a person will compromise.  However, attitudes can be shifted with just a shift in attitude or tone of a negotiation. 

Another great way to come together on interests is to generate alternatives.  Give up some interests to maximize your own interest gains, or concede issues for nonspecific goals.  If the opposing party gains on their key interests, you can collect later.  If other interests supercede the original, it allows an easier concession as well.

Interests are what they are.  They are the greatest values in a negotiation.  Most parts of a negotiation are nuances, but these are constantly on the front of our minds—if not occasional at the back when they change.  Parties can come to compromises or leverage equal interests, but they are what parties truly value.  It is so difficult to measure concessions of interests—because they are the subject matter.  No one wants to lose their greatest interests, and it is an attorney’s job to try to get the greatest interests locked down.