Expand the Pie? Yes, Please!
Why Interests Matter More Than Positions in Mediation
I recently wrote a blog explaining that, in mediation negotiations, focusing on your interests rather than your positions is essential for reaching mutually beneficial agreements. Let’s add to this discuss by considering the concept of “expanding the pie.” Positions are usually clear statements or demands like “I am not selling the family home.” Holding tightly to a position can make mediation more difficult, as it often results in a “divide the pie” approach that limits options and solutions.
An interest is the underlying reason for having a position. For example, “I am worried about where I will live” could be a reason for not wanting to sell the family home. Interests are more flexible and can lead to more durable agreements. Basically, addressing the underlying concerns opens the door to multiple creative solutions, whereas defending a rigid position restricts possibilities. So positions divide up a pie, while interests expand the pie.
Expanding the Pie: The Key to Successful Negotiation
"Expanding the pie” means looking beyond immediate demands and exploring innovative solutions that address the true interests of all parties. Instead of fighting over a fixed number of resources, negotiators search for ways to increase value so everyone can walk away satisfied. Identifying overlapping interests and differing priorities enables creative exchanges and greater overall benefit, or a bigger “pie.”
Real-World Example: Family Home Dispute
For example, in a dispute over a family home, focusing strictly on whether or not to sell can create deadlock. However, through discussion these interests (perhaps some which are overlapping) can be identified:
Need for security
Financial stability
Proximity to loved ones
From this list, potential solutions include:
Allowing one party to stay in the family home temporarily,
Renting out the home, or
Trading the house for another asset.
These creative solutions are only possible when parties move beyond rigid positions and embrace flexible, interest-based negotiation.
How to Expand the Pie in Mediation
“Expanding the pie” requires flexibility, creativity, and honest communication. This approach shifts the mindset from “win-lose” to “win-win.” By focusing on interests and brainstorming together, parties can uncover opportunities that weren’t visible when stuck in their positions. Mediators should be open to new ideas and be willing to discuss the real reasons behind their demands.
As noted by Harvard Law School’s Program on Negotiation, the “expanding the pie” approach works best when:
There is potential for an ongoing relationship.
Multiple issues are on the table.
Both parties have incentives to collaborate.
Trust can be built incrementally.
Conclusion
Almost all family mediation will involve some level of pie dividing. However, if you adopt an interest-based approach, you’re ensuring that the pie is as large as possible. It’s important to note that “expanding the pie,” just like mediation in general, is not ideal for all disputes. It requires open and honest communication, and a desire to collaborate.