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Educing Information: Interrogation - National Intelligence University

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In contrast to positional bargaining, “interest-based negotiation” proceeds<br />

on the assumption that negotiators often overlook opportunities for mutual gains,<br />

thereby failing to achieve the best outcome for themselves. 686 This is particularly<br />

true in negotiations that involve multiple issues, both quantitative and qualitative<br />

issues (e.g., desire for respect), and an interest in establishing a good working<br />

relationship.<br />

Negotiation theory (e.g., Fisher, Ury, and Patton, 1991; Walton and McKersie,<br />

1965) offers several strategies for expanding the pie.<br />

Look beneath Positions for Interests<br />

Positions are rigid solutions to the problems at hand (e.g., the United States<br />

should immediately withdraw all of its troops from Iraq). Interests are why a party<br />

wants those things (e.g., to prevent U.S. soldiers from being killed, to save money,<br />

to focus on other international threats).<br />

In a negotiation, understanding the other side’s interests enhances the power<br />

of a negotiator to persuade the other side. When one understands what the other<br />

side cares about, one can develop options that address these interests in ways that<br />

do not conflict with one’s own interests. What is stopping them from cooperating<br />

What do they care about What do they want Why The author’s experience<br />

in consulting for high-level governmental negotiators suggests that people often<br />

fail to consider the other side’s interests sufficiently, thus reducing their power to<br />

influence their counterparts.<br />

At first glance, an EI context would appear to be a purely positional situation.<br />

One side wants to gain information; the other does not want to disclose it. But<br />

each side has a more complex set of interests defining why each cares about<br />

the information. Interests for a source might include religious beliefs, a desire<br />

not to lose face within an organization, or fear of being ostracized by family,<br />

community, and peers. Interests for an educer might include national security,<br />

reputation in the local community, locating additional sources, relationships with<br />

governments, and precedent. Distinguishing between positions and interests may<br />

reveal potential sources of value creation.<br />

Invent Options for Mutual Gain<br />

Once parties understand each other’s interests, they can invent options for<br />

mutual gain. Even where a value-creating option will not directly benefit our own<br />

interests, it increases the likelihood that the other side will accept our proposal.<br />

Consider the recent conflict between Peru and Ecuador. The two countries<br />

disagreed over boundary issues and engaged in what the U.S. State Department<br />

called the “oldest armed conflict in the Western Hemisphere”: each country<br />

686<br />

Seven elements of negotiation comprise the essence of both hard bargaining and interest-based<br />

negotiation. These seven elements also form the basis of several of our negotiation courses at the<br />

Harvard Negotiation Project. The “Seven Elements” are a manageable number of robust concepts that<br />

one can use to prepare, conduct, and evaluate a negotiation. See the appendix for a description of each<br />

element and its contours in both hard bargaining and interest-based negotiation.<br />

271

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