While you might choose many processes for conducting your negotiations, we recommend the following three steps of a mutual-gains approach:

1. Identify and clarify interests. 

• Some portion of your discussion should be dedicated simply to identifying your and the other side’s interests on the various issues being negotiated. Try recording interests on flip-charts, a whiteboard, or a shared computer for all to see. During this stage, parties should avoid making judgments about what the other side expresses. Instead, focus on asking clarifying questions to ensure that you fully understand each other’s interests.

2. Brainstorm possible value-creating opportunities.

• Once you’ve made a complete list of interests, it’s time to brainstorm various options based on these interests. Ground rules are essential for brainstorming to be fruitful. For example, to boost creativity and minimize self-censorship, parties should agree to record all ideas without criticism or evaluation.

3. Evaluate options

• At the evaluation stage, parties should first agree upon a set of norms, standards, or criteria they can use to choose among the ideas generated from the brainstorming session. Such standards will help you weigh possible packages that might lead to efficient outcomes that maximize value for everyone involved.