Increasing Leverage in Negotiations with Federal and State Governments—Lessons Learned from the Native American Experience
Published by: University of Oklahoma Press
Imprint: University of Oklahoma Press
As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement.
With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California.
Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.
“This excellent book—full of valuable insight and how-to advice—goes far beyond the theory of negotiations by bringing decades of experience and numerous real-world cases to bear on the unique challenges of dispute resolution in Indian Country. Power Balance is a wise, skillful, and much-needed guide.”—Joseph P. Kalt, Codirector of the Harvard Project on American Indian Economic Development
“I have never come across a book this comprehensive regarding federal-tribal and government-to-government negotiation skills and strategy. I love this book!”—Valerie Devol, Attorney at Law, Devol & Associates
“An essential addition to the literature on negotiations between governments. Haberfeld’s use of two complex, fascinating, and successful case studies to illustrate his concepts and approaches is masterful. One can see real examples of how building on each side’s basic interests can lead to solutions. Filled with heart and committed to excellence and fairness to all, Power Balance should be studied and kept close at hand for all government-to-government negotiations.”—John Reynolds, former National Park Service Deputy Director
Download questions that will prompt discussion and enrich your reading of each chapter (pdf).