EARTH 109
Fundamentals of Shale Energy Development: Geology, Hydraulic Fracturing, and Environmental, Geopolitical and Socio-economic Impacts

Reframing: Moving from Positions to Interests

Reframing: Moving from Positions to Interests

Reframing

It's crucial to understand that each person, or group, has multiple interests. Some will overlap and others will conflict. When we focus on positions, there is only one solution. However, when we focus on interests, you can discover multiple solutions. That is really how you can start to make a breakthrough in helping people find common ground. Those multiple solutions might meet one or more interests of the different parties. Take a few minutes to watch this video to gain a better understanding of how to reframe before moving on.

Video: Mediation Skills: Reframing (3:44)

Click here for transcript of Mediation Skills: Reframing.

So parties in conflict often get locked into positions. Let's say two people have a disagreement over property. They both claim that they own the property and they both want the other person off the property. They might take a position that they each have a legal right to that property. That position hides what their real interests are. All humans have underlying interests and needs. They need security, they need safety, they need love, they need self-fulfillment, and the disputes often mask those sorts of underlying interests. One of the things that a mediator can do is help the parties get beyond their positions to focus on the underlying interests, that help to actually resolve the dispute.

You often use techniques such as reframing to help parties get beyond their positions. A party might take a very strong and emotional position. "I want that cheater off my property." What does that mean? There's often a deeper meaning behind statements like that, and a mediator can help to diffuse some of the emotion and help parties to understand each other better by reframing a statement like that. So if a party says, "I can't believe that cheater has taken my property." A mediator might reframe that in a way that would make it easier for the other side to hear what the underlying interest is, and maybe even easier for the speaker to understand the underlying interest. So a mediator might reframe that statement by saying, "I hear you saying that you believe that he's taken something that belongs to you." That puts it in a more neutral way that makes it easier for the other side to hear, and understand what the underlying concern is.

So I'll give you an example of reframing in a situation that we often use in our training. The case involved a longtime teacher at a school who was terminated with only three days notice. The school never gave him a good reason for why he had been terminated. In fact, the school was undergoing severe financial difficulty and was simply trying to manage their situation the best they could. But he felt that he had been mistreated and in the mediation, he accused the school of treating him badly. He said, "I can't believe that you have taken a long time teacher and thrown him away in this fashion." The mediator, in that case, was able to diffuse some of that emotion and help get to the underlying interest by reframing that statement. So the mediator said, "I hear you saying that you feel like you weren't treated with the respect you deserved." That took his statement out of the emotional context, "I can't believe you people did this to me.", which would have raised their defenses, and helped them to understand what was really at issue, which is his need for his own personal respect and dignity.

When reframing, we are trying to help people move from their fixed, intransigent positions to discovering and articulating their interests. One of the classic examples of distinguishing positions from interests is from Fisher and Ury’s book, Getting to Yes.

Consider the story of two men quarreling in a library: one wants the window open and the other wants it closed. They bicker back and forth about how much to leave it open — a crack, halfway, three quarters of the way. No solution satisfies them both.
Enter the librarian. She asks one why he wants the window open. “To get some fresh air,” he replies. She asks the other why he wants it closed. “To avoid the draft,” he answers. After thinking a minute, she opens a window in the next room, bringing in fresh air without a draft.

New York Parenting: Mediation: Interests vs positions, by Lee Chabin, Esq.

Although this example is simplistic, it illustrates how a third party can help people reframe the issue. That is, by shifting the focus from their position (what should be done) to their interests (their underlying concerns), you can come up with a solution that satisfies both.

Disagreement about opening a window
Position Interest Solution
Person A Open Window Wants fresh air Open a window in the next room
Person B Close Window Does not want a draft Open a window in the next room

Another example is from a case study of how a mediator facilitated land-use planning on Vancouver Island (in John Forester’s book, Mediation in Practice). There were many stakeholders involved in deciding how to use land on the island, including governmental representatives; environmentalists; people from forestry, mining, agriculture, and tourism sectors; employers; companies; First Nations groups; and so on. They were at an impasse. The position of several sub-groups was that they wanted 29% of the land to be protected. The negotiations had a breakthrough these sub-groups were able to articulate that what they really cared about was making sure that the protected areas were contiguous, rather than scattered around the island. Once they moved from the 29% position to the contiguous protected areas, they were able to come up with a solution that satisfied multiple parties.

One example of positions versus interests on issues related to Marcellus Shale is a statement such as, “I don't want drilling in my community.” That's a position. But an underlying interest might be, “I want to have places to hunt and fish.” Another position might be, “Drilling will create jobs.” The interest here might be, “I'm worried my kids won't be able to find work.” When we focus on what people really care about, like having places to hunt and fish or being able to find work, it opens up possibilities for finding multiple solutions.

Disagreement about drilling
Position Interest Solution
Person A Drilling will ruin the environment. Wants places to fish and hunt Find ways to ensure that wildlife and land are protected.
Person B Drilling will create jobs. Does not want children to move away to find work Find ways to strengthen the local labor market.

There are particular kinds of questions you can ask that will help people articulate their interests. First, don't ask for their proposed solution. Instead, find out what they care about. Essentially what you want to do is ask “Why?”—but without using that exact word. You're not asking for justification of their position, like, "why do you feel that way?" This isn't an accusatory kind of question; rather, you're probing for the needs, hopes, fears, and desires that are behind, or underneath, their position. Maybe they're worried about providing for their family or disrupting the quality of life in their community; maybe they are attached to their land that's been in their family for generations, and so forth. A few questions you can ask to help people move from positions to interests include the following:

  • What concerns, worries upsets, bothers, or frustrates you about______? (Example: the rig on your neighbor's property)
  • What is your basic concern in wanting______? Example: drilling banned or your land leased
  • What do you fear might happen if ______? Example: Gas companies are not testing the water before drilling.
  • What do you hope will happen if ______? Example: Truck traffic is restricted.
  • What do you really care about?
  • What is important to you about ______?
  • What will your solution help you accomplish?
  • What leads you to believe that your solution will get at what you need?

This is what we call reframing. An example of a position question is, "How much of the land will be available for drilling?" This question can only have an answer that is a number: 2/3, 15%, 60%. That is a very narrow solution. An interest question is more open-ended. For example, "What kind of zoning would help us create jobs while preserving the quality of our streams and water supply?" In this instance, you're not asking for a fixed number, you're talking about rules for zoning or other land use issues and so forth. The focus here is on meeting the underlying needs of all parties. The questions that you ask in a mediating position can help people get past their articulated solutions to looking at their underlying interests.

Position → the solution you have decided upon → one solution

Interests → the underlying motivations, hopes, concerns, desires, worries that led you to your position → multiple solutions

“Interests motivate people; they are the silent movers behind the hubbub of positions. Your position is something you have decided upon. Your interests are what cause you to decide….Behind opposed positions lie shared and compatible interests, as well as conflicting ones." (Fisher & Ury, p. 41)

Reframing the Question: Public Issues Forum

About 75 people attended a public issues forum on Marcellus Shale in Centre County on April 14, 2012. Public Issues Forums provide an environment to work through complex and controversial issues in a way that allows us to get to the heart of what is important to each person.

Public Issues Forums are designed to encourage people to consider different perspectives and to wrestle with the trade-offs and consequences inherent in each approach. An explicit goal of any forum is to have those who attend come to a better understanding of why people with different viewpoints see the issue in the way they do; another is to discover areas of common ground for moving forward.

An important start for the conversation is an issue book, which frames the development of the Marcellus Shale not as an either/or position (i.e., should we impose a moratorium?) but as a series of potential approaches each with their own potential actions. A local Task Force developed these approaches based on surveys, conversations with Centre County residents, and other information from diverse sources. Although the four approaches overlap, they do suggest different underlying interests, priorities, and trade-offs to consider.

Approach 1. Pursue economic opportunity for all.

From this perspective, we should position ourselves to take full advantage of the economic potential of the Marcellus Shale for our families, businesses, and communities. The new wells are already resulting in more jobs, more income, a boost in local business and higher tax revenues for the state. Responsible investments of this new wealth could benefit all of us, now and for generations to come.

Approach 2. Protect health and safety.

From this perspective, the serious risks associated with shale gas drilling require us to put safety first every step of the way. There are signs of harmful consequences to human health and safety and to our water, air, and land. We need to learn more about the immediate and long-term impacts of Marcellus wells so that we can make responsible decisions about their development and whether or not it’s safe to drill them at all.

Approach 3. Preserve our communities.

From this perspective, we must protect our quality of life by acting now to minimize the negative aspects of the Marcellus Shale on our communities. The dramatic increase in development is straining the housing market, roads, public services, parks and wildlife areas, and even relationships. We need to address these local issues to preserve the resources and heritage of our towns and rural areas.

Approach 4. Achieve energy security.

From this perspective, the Marcellus Shale offers a critical opportunity to take our energy future into our own hands. Development of this abundant source of natural gas has the potential to lower utility bills and support more fuel-efficient transportation. Natural gas also gives us the time we need to replace our declining fossil fuels with solar, wind and other renewable energy to guarantee energy security for our children and grandchildren.

What kinds of questions help people articulate their interests?

Don’t ask for their proposed solution (this is probably what they will tell you first off); first, find out what they care about. Ask “why”, not asking for justification of position, but for needs, hopes, fears, desires behind their position (from Fisher & Ury). For example, a person may be worried about being able to provide for their family, disrupting their quality of life, or losing land that has been in their family for generations.

  • What concerns/worries/upsets/bothers/frustrates you about ____ (the rig on your neighbor’s property)?
  • What is your basic concern in wanting ____ (to ban drilling; to lease your land)?
  • What do you fear might happen if ____ (gas companies don’t test the water before drilling)?
  • What do you hope will happen if ____ (truck traffic is restricted)?
  • What do you really care about?
  • What is important to you about ____?
  • What will [your solution] help you accomplish?
  • What leads you to believe that [your solution] will get at what you need?

What kinds of questions help people identify solutions?

Once people have articulated their interests, pose questions that can help them identify multiple ways (solutions) to meet those interests (reframing).

  • Position question: How much of the land will be available for drilling?
  • Interest question: What kind of zoning would help us create jobs while preserving the quality of our streams and water supply?
  • The focus is on meeting the underlying needs of all parties.