Power Sources in Palestine and Israel.

***Author's Comment:  The commentary below is not based on my personal opinion nor my political beliefs.  The information below was gathered from various sources and compiled together to fulfill the requirements of this assignment*****

Israel’s sources of power stem both from its internal resources and the resources of its allies.  In terms of its internal resources, Israel maintains a domineering military force in the region.  This military force allows Israel to occupy and confiscate privately owned land in the West Bank, and control over Gaza, are extremely oppressive, with Palestinians having minimal control over their lives.  Periodically men, women, and children are strip searched; people are beaten; women in labor are prevented from reaching hospitals (at times resulting in death); food and medicine are blocked from entering Gaza, producing an escalating humanitarian crisis. Israeli forces invade almost daily, injuring, kidnapping, and sometimes killing inhabitants.  Another power source of Israel is its geographic location.  Israel’s location makes it extremely difficult for other countries to get to the areas of dispute without running into Israel forces.  Its internal sources of power are vast and great and give Israel an edge over Palestine.
Israel also gets power from its allies.  The United States has long been an ally of Israel, giving Israel money and supplies needed to continue its occupation and control of the territory.  The assistance Israel gets from other countries enables it to continue to build its defensive network and have allied countries defend and support its initiatives.

Palestine is not without its own power sources.  Palestine has its own military force which, not as strong or as advanced as Israel’s, continues to oppose with a forceful effect Israel’s advancements and control of the region.  Palestinians have resorted to other means of power to attempt to fight against Israel.  Terrorism has had a pivotal role in fighting back against Israel.  There is constant terrorist activity in Palestine directed at Israel.  News reports daily of missile attacks, gunfire, and the like perpetrated by Palestinian terrorists and extremists.  Palestine has also used the United Nations as well as the global media to help it with its cause.  Highlighting the human rights abuses and the horrible military campaigns Israel launches against Palestine.  Using these resources, Palestine has transformed terror and knowledge into power in its fight against Israel.

Taking out “but” in Negotiations.

The word “but” is never a word people want to see in negotiations.  “But” is a barrier to anyone’s  success in a negotiation proceeding.   The use of this word tends to focus on the party’s position not their interests.  Positions, while valuable to understand, are never going to lead to solutions.  Instead of using the word “but”, the parties should think about why they feel a certain way.  Looking at the interests that make up their position, the parties will be better equipped to negotiate terms to a deal that will address those interests specifically.  By doing this, the parties maximize the benefits of the negotiation proceedings. 

            Additionally, the word “but” tends to be a conversation killer.  When people use the word “but” to explain their position, the other party is put off guard and no longer wants to discuss the issue.  It is because of this that the word “but” is so destructive in negotiation discussions.  It tends to destroy the other party’s interest in pursuing the negotiation.  The word “but” is synonymous with words like “however”, “nevertheless”, and “yet.”  They signify an objection to something without explaining why the objection is being lodged.  As discussed above, this tends to distract the parties from each other’s interests and serves as a road block to the parties addressing and coming to a finalization of a deal that encompasses the interests of the parties. 

            When parties focus more on their interests than their positions and explain why they want the things they want, the parties will gain mutual understanding and will be equipped to resolve the dispute in a manner that benefits all of the parties.

What Power Means in Negotiations.

Power, in terms of negotiations, means a party’s ability to bring about outcomes they desire or the ability to get things done the way they want them done.  Parties often struggle to obtain power because they believe, in error, that the person who holds the power dictates the resolution.  Parties who are constantly focused on the power imbalance are often blinded by it to their detriment.  No party to a negotiation is completely powerless.  Those who feel that they do not have the power in the relationship need to take a step back and look at the situation from a distance. 

Take for example a person injured in a car accident who is suing the insurance company that represents the driver at fault.  Right off the bat the injured person would feel that they have a power disadvantage.  The insurance company has so many resources, money, time to waste, experience, lawyers, etc.  What the injured person often fails to consider is the power that they have.  They were in the injured person, i.e. the non-at fault party to the accident.  They have absolutely no liability whatsoever regarding this accident.  This position can be turned into a power when the injured person confronts the insurance company that is either unwilling to compensate the injured person or, if willing to compensate, offers an amount far below what is proper and reasonable.  The injured person has resources such as the courts, the news, and fellow co-workers or friends.  Businesses have a lot vested in their reputations and our society has a tendency to regard big companies that hurt the “little guys” unfavorably.  Should information be publicized about the insurance company’s treatment of the injured person, the insurance company may lose a considerable amount of reputation and customers.  Furthermore, the threat of a public trial would expose all the dirt on the insurance company and reveal their unfair and improper treatment of the injured person. 

The example above clearly demonstrates that, although the parties have vastly different resources and bargaining positions, the party with what is perceived to be the least amount of power can gain a considerable amount of power by simply evaluating his or her circumstances and thinking outside the plaintiff’s box.  Parties that use information, resources, networks, and relationships to help influence the other party to the negotiation has the ability to even the playing fields.  However, parties should not focus on the balance or imbalance of their respective powers throughout the negotiation.  Acknowledgement of the power indifferences from the onset will enable the parties to evaluate strategies and tactics, but as the negotiation progresses, the parties should move away from the power imbalance and focus on ways to resolve the conflict and achieve their respective goals.

Different Types of Interests Prevalent in Negotiations

When parties enter into negotiation proceedings, it is fundamental to understand each party’s interests.  Negotiation commentators have identified four types of interests parties have: (1) substantive interests, (2) process interests, (3) relationship interests, and (4) interests in principle.  This blog will reflect on these types of interests to help parties better understand the fundamentals of conflict interests.

Substantive Interests.  Substantive interests are related to focal issues that are under negotiation and are issues of substance, i.e. the core reason the parties are in dispute.  After reading what substantive interests really are, it seems to me that it is very easy for a party to transform this substantive interest into their position.  Position is defined as your stance on an issue, i.e. I will not settle for anything less than $150,000.  When we move away from positions and focus more on interests, we tease out the reason why the party has that particular interest.  Take for example the position above about the party not wanting to settle for less the $150,000.  There are several possible reasons why that party has that position.  They may think that is what they need to be happy, conversely they may feel that $150,000 truly reflects the damage the other party caused and wants to make sure that the other party justly pays for their harm.  Substantive interests are the WHY’s of negotiation interests.  When the parties and the negotiator understand all of the parties’ substantive interests they are equipped with the knowledge necessary to get past their positions and deal directly with the needs of each party, resulting in a resolution of the issue.

Process Interests.  Process interests are related to how the negotiation unfolds.  Parties may pursue distributive bargaining because they enjoy the competitive game of wit that comes with hard ball negotiations.  Other parties may be interested in negotiation because it provides them the opportunity to voice their concerns in a process where they feel they have been silenced.  Process interests are very important to take into consideration when negotiating.  For instance, knowing that the other party just wants to argue and make this a competition will force you to change your tactic.  You may, instead of being very forthcoming with information, want to be very competitive as well, push back in an effort not to get trampled on.  On the other hand, when parties want to use negotiation as a place to voice their concerns, parties should respect and embrace moments where the other party makes clear the reasons that brought them to negotiation.  Engaging in conversations where people answer the “why’s” will almost always reveal solutions to problems that people who consistently refuse to explain their position rather than explaining why they have that particular position.  Furthermore, if the parties get some kind of satisfaction from the fulfillment of their process interests, the negotiation may very well lead to a resolution of the issue by means of a settlement agreement or just a withdrawal of the issue all together.  In summation, knowing why   the other party is at the negotiating table allows you to better understand the situation and will give you the tools necessary to understand, identify, and resolve the problem.

Relationship Interest.  Relationship interests are related to the value the parties place on their own relationships with one another.  Parties have reason to be concerned about the way the resolution of the dispute will affect their relationships.  There are two types of relationship interests: (1) intrinsic and (2) instrumental.  Intrinsic interests are the value that the parties place on the relationship itself, i.e. the personal meaning of the relationship to the parties.  This is especially important in divorce negotiations involving children.  The parents, although no longer wanting to remain married, have children that need to be taken care of by both parents.  Parents are often concerned about how the divorce will impact the children and each parent.  Parents with children will nevertheless have to maintain a relationship even after the divorce.  Instrumental relationships are the interests parties derive from the substantive benefits the parties derive from their relationship.  This can be when there is a dispute over the terms of a contract for which the parties, even after the dispute is resolved, will continue doing business together.  When the parties understand the value of the relationship at stake, they are better equipped to handle the problem and come to a resolution that will benefit them in all aspects rather than just addressing the issue that brought them to the negotiation in the first place.

Interests in Principle.  These are interests like fairness, what is right, and what is acceptable.  In essence this is the parties’ moral values in the outcome of the negotiation.  These interests, just like the ones commentated on above, can be very important in a negotiation proceeding.  Parties will not enter into a resolution to an issue that goes against their moral value.  The parties to the negotiation need to truly understand what the party needs and why they need it.  When the parties understand these two things it becomes very easy to identify what the parties think are fair or just.  These interests are very valuable and, if not addressed, could seriously jeopardize the likelihood of the negotiation’s success.