How do the concepts of “positions” and “interests” and “needs” differ from each other?
In traditional negotiations, each side develops positions. Generally, these are based upon a predicted outcome. For instance, when two sides, employee-employer, for example, have an employment dispute, the employee may argue that it would violate federal and state law to fire that person; the company will argue that it followed the law when it issued its termination notice. Or, for another example, in a contract or personal injury case, one party will argue the other “breached the contract” or “violated a duty,” thereby giving rise to liability and damages; the other side will take opposing positions.
