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1.
Paul F. Kirgis 《Negotiation Journal》2012,28(1):93-115
Empirical research into the negotiation practices of lawyers shows that “hard bargaining,” including at least some unethical conduct, is an inescapable fact of a lawyer's life. To prepare students for legal practice, negotiation instructors must expose them to hard bargaining in the classroom. In doing so, however, instructors should be sensitive to the moral and ethical values of their students, so that the classroom experience does not unduly pressure students to compromise their values. The simulation is the primary tool of negotiation instruction. By selecting and manipulating simulations, a negotiation instructor can expose students to a wide range of negotiating behaviors, from distributive negotiations marked by the use of power tactics to value‐creating negotiations in which participants must consider many interests and collaborative strategies predominate. With that flexibility, however, comes the potential for classroom exercises to pressure students, in ways both subtle and overt, to adopt behaviors that feel uncomfortable. In this article, I examine the use of simulations to teach different types of negotiating behavior, including hard bargaining. Referring to a number of widely available simulations, I suggest ways to focus student attention on three dimensions of negotiation behavior — the issues over which the parties are bargaining, the objectives the parties seek, and the tactics the parties use to achieve their objectives — in order to push students to reflect on their own negotiation behaviors and to prepare for the tactics of others. I assess the potential for simulations to pressure students to compromise their values, and I conclude with my own thoughts on the goals of a negotiation course. 相似文献
2.
This article examines the role that practitioners as guest lecturers have traditionally played in the teaching of negotiation. The authors argue that, as seen from the perspective of student learning, this traditional role has not utilized the practitioner's expertise and experience to an optimal degree. Because of this, they have redesigned the role of the practitioner as guest lecturer in their negotiation course. They describe this new role in some detail. Their goal is to encourage students to understand how and why integrative negotiation techniques can work beyond the classroom in what students call the \"real world.\" 相似文献
3.
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative research methods, including both comparative analysis and frequency analysis. We found some difference between buyers' and sellers' use of negotiation tactics, which suggests this question deserves further empirical study. Buyers' and sellers' use of specific tactics differs according to which overall strategy the negotiators chose, and sellers generally use a greater number of negotiation tactics than buyers. The findings challenge previous findings that suggest that B2B negotiations are collaborative and that negotiators communicate in a collaborative manner. The findings also increase our understanding of buyers' and sellers' variable use of tactics in the course of everyday practice as well as the interplay between negotiation tactics and strategies. 相似文献
4.
Peter Kesting 《Negotiation Journal》2013,29(3):355-369
The last decade has seen the emergence of several new negotiation competitions around the world. We think the two major drivers of this development are a general trend toward the increasing internationalization of higher education and a recognition of the specific benefits of competitions for negotiation pedagogy. These benefits include: the high level of student commitment generated by participation in a competition, which enhances the quality of negotiation; the opportunity that the competitions give students to experience authentic cultural diversity; and the networking opportunities for students and instructors that the competitions create. This article focuses on the role that negotiation competitions can play in negotiation pedagogy. We first present an overview of the currently most important international negotiation competitions. This is followed by an outline of the specific benefits of negotiation competitions for pedagogy. We then take a closer look at the organization and outcome of negotiation competitions and discuss the opportunities for their development and growth. 相似文献
5.
James K. Sebenius 《Negotiation Journal》2011,27(1):69-85
While a great deal of excellent advice exists for producing case studies on managerially relevant topics in general, negotiation cases have distinctive aspects that merit explicit treatment. This article offers tailored advice for producing cases on negotiation and related topics (such as mediation and diplomacy) that are primarily intended for classroom discussion. It describes how to decide whether a negotiation‐related case lead is worth developing and how to choose the perspective and case type most suited to one's objectives. Finally, in by far the longest part of the discussion, it offers ten “nuts and bolts” suggestions for structuring and producing an excellent negotiation case study. 相似文献
6.
Michael D. Watkins 《Negotiation Journal》2007,23(3):333-342
Although important work is being done in the emerging field of negotiation architecture and \"shaping the game,\" little of it has found its way into the classroom. Simulation exercises are among the most powerful pedagogical tools available to negotiation educators, but most existing exercises have static architectures in the form of fixed parties, issues, and interests. This article summarizes existing research on negotiation design and proposes a framework for designing \"manageably dynamic\" exercises that can be used to teach key game-shaping concepts. The framework is illustrated through an in-depth discussion of an exercise based on the negotiations to end the civil war in El Salvador. 相似文献
7.
Simulations are a valuable tool for teaching negotiation, and the different ways in which they are used have been extensively discussed in the pedagogy literature. Scholars have critically reflected on the role of simulations and the conditions under which they are used, and some have stressed their drawbacks. These include their often artificial context, which can, some argue, limit the participants' real commitment. We have undertaken an innovative pedagogical experiment in an effort to address these concerns. As a part of this experiment, the students designed the simulations themselves, deriving inspiration from real situations they had experienced at companies in which they had completed internships. Our students' experiences suggest ways in which this novel pedagogical approach can ameliorate some of the usual pitfalls that instructors encounter when they use role plays. Further, we believe this process allows the students to understand the importance of achieving the right balance between the distributive and integrative dimensions of the negotiation. 相似文献
8.
Jane K. Miller Kevin P. Farmer Daniel J. Miller Linda M. Peters 《Negotiation Journal》2010,26(2):177-201
This study of interest‐based bargaining (IBB) examined past usage, current preferences, and future intentions to use this approach in U.S. airline and railroad labor negotiations. Based on a survey of eighty‐four union and management chief negotiators, we found that the personal attributes of the chief negotiator (orientation toward relationships, personal conflict handling style, and competency in IBB approaches) were strong predictors of the past use of IBB. However, personal affinities and styles became irrelevant as experience with IBB accumulated. The negotiator's preferences for IBB in general were strongly correlated to his or her awareness of other carriers' and unions' experiences with IBB, as well as to his or her own direct experience. The negotiator's intention to use IBB in the future was also related to the quality of the contract personally obtained through IBB practices. The study also revealed the unpopularity of IBB among labor negotiators relative to their management counterparts. 相似文献
9.
Bruce Patton 《Negotiation Journal》2009,25(4):481-498
What is required for effective teaching depends on the goal of the effort, and our criteria for success should be much more demanding than positive ratings from participants. If the goal is to improve participants' effectiveness as negotiators, we need a proven theory and associated skills. In the absence of robust confirming empirical data, which is still mostly lacking, we can take some confidence from qualitative evaluations. But whether or not we have a proven theory, the pedagogical task is complex and challenging, calling for a variety of sophisticated techniques deployed by a skilled instructor committed to joint learning. This article tells the story of some of the instructors' pedagogical learnings in thirty years of teaching the pioneering Negotiation Workshop at Harvard Law School, many of which now have empirical support. It also suggests some areas and tools for more experimentation in future advanced courses. 相似文献
10.
Over the last four decades, the field of negotiation has become a fully recognized academic discipline around the world and negotiation courses and competitions have become increasingly popular. Although it is believed that negotiators may be trained and that negotiation is a skill that can be taught and evaluated, the question of how to assess negotiation performance systematically and comprehensively remains largely unanswered. This article proposes a negotiation competency model for evaluating negotiation performance. The model includes a set of selected negotiation competencies together with proficiency levels and their behavioral indicators. Our goal is to help scholars design more effective negotiation courses and fairer negotiation competitions, improve negotiation pedagogy, and train negotiators who are well prepared to handle conflicts in our increasingly complex society. 相似文献
11.
Lorianne D. Mitchell 《Negotiation Journal》2014,30(1):93-113
Traditional methods for teaching negotiation have required both instructor and student to be physically present in the same location. With the advent of the Internet and associated technological advances, however, instructors may now transcend geographical barriers and effectively deliver the same content virtually. In this article, we present an exploratory study comparing two masters‐level negotiation courses: one taught using a traditional in‐person method and the other taught online. Results showed no significant difference in knowledge acquisition as quantified by objective measures, including mean grades. In addition, self‐report data indicate that, although students' skill and mastery of negotiation improved in both courses, online students reported that they experienced less interaction and social engagement with their classmates and instructor. Several course development strategies and best practices are discussed. 相似文献
12.
Hal Movius 《Negotiation Journal》2008,24(4):509-531
In the last twenty-five years negotiation has become widely recognized both as a topic of serious research and as an essential, frequently used set of skills. Organizations currently spend tens of billions of dollars annually on training, and mounting evidence suggests that training in interpersonal and problem-solving domains typically has a significantly positive effect. But little systematic research has been conducted concerning the actual effectiveness of negotiation training. This article reviews the available evidence regarding the effectiveness of negotiation training using four levels of outcome measurement. While far less prevalent than one would wish, existing evidence suggests that negotiation training can have positive effects. In this article, I review the specific effects of different teaching methods, and recommend additional research. 相似文献
13.
Nancy A. Welsh 《Negotiation Journal》2012,28(1):117-145
Lawyers should care about their reputations. But exactly what sort of reputation should lawyers seek to establish and maintain in the largely nontransparent context of legal negotiation? And even if a lawyer has developed a reputation as a negotiator, how will he/she know what it is and how it came to be? I force my students to grapple with these questions by incorporating the issues of reputation and reputation development into my negotiation/mediation course. I introduced this innovation at the same time that I decided to increase my focus on developing students' skills in distributive (or value‐claiming) negotiation. Although legal negotiation certainly offers frequent opportunities for the creation of integrative joint and individual gains, the process will almost inevitably involve distribution. The pie, once baked, must be cut. As a result, I now base a portion of my students' final grade on the objective results they achieve in two negotiation simulations. Two dangers of this assessment choice are that it can encourage students to focus only on the numbers and, even worse, engage in “sharp practice”— an extreme form of hard bargaining that tests ethical boundaries — in order to achieve the best short‐term distributive outcomes. Of course, neither a quantitative focus nor sharp practice is synonymous with a distributive approach to negotiation. Nonetheless, to counterbalance the temptations posed by the focus on, and ranking of, objective results, I also base part of students' final grades on their scores on a “Reputation Index.” These scores are based on students' nominations of their peers, accompanied by explanatory comments. This article describes the Reputation Index and how I use it. It also explores the empirical support for the validity of the Reputation Index as a tool for simulating the development and assessment of lawyers' reputations in the “real world.” To that end, the article considers research regarding the bases for lawyers' perceptions of effectiveness in legal negotiation, the sometimes counterintuitive distinction between negotiation “approach” and negotiation “style,” and the relationships among perceptions of negotiation style, procedural justice, trustworthiness, and reputation. 相似文献
14.
James K. Sebenius Ben Cook David Lax Ron Fortgang Isaac Silberberg Paul Levy 《Negotiation Journal》2021,37(1):97-141
While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations. 相似文献
15.
Susan Hackley 《Negotiation Journal》2007,23(4):463-468
The film 12 Angry Men is often shown in law school and business school to teach lessons about negotiation, group process, communication, decision making, team building, leadership, and critical thinking. It effectively and powerfully depicts the ways in which a successful negotiator can make critical moves and capitalize on turning points in a negotiation. It also illustrates vividly such key negotiation concepts as the difference between positions and interests and the role of such skills as coalition building, framing, and active listening. For these reasons, 12 Angry Men can be a powerful negotiation teaching tool. 相似文献
16.
17.
In all the literature on the theory and practice of negotiation, the governing metaphors have been games, war, and fighting. This is true not only for tactical schools of power‐based negotiation but even for more constructive, interest‐based approaches. Our language is infused with talk of tactics, flanks, concessions, gaining ground, and winning. This article explores the possible consequences of abandoning this picture in favor of the less‐explored metaphor of the dance. We argue that both the content and the process of negotiation can change dramatically once we think of bargaining as an aesthetic activity that can provide intrinsic joy as well as extrinsic benefits. Such a “dance” provides plenty of room for competition as well as cooperation, as movements can be spirited and confrontational as well as smooth and harmonious. We identify many forms of dance that can occur within negotiation and explore three: the dance of positioning, where passions and presentations interact proudly; the dance of empathy, when the partners come to better understand each other; and the dance of concessions, where the deal is struck and the music concludes. Finally, we discuss how the dance can be employed pedagogically, in teaching and training negotiation and mediation. In particular, the Brazilian dance of capoeira illustrates holistically and experientially how movement and rhythm can be interpreted both as fighting and as dancing and how we can come to see a process as both aesthetic and purposeful at the same time. First feeling, then thinking, and, finally, speaking, we can use this medium to explore the dynamics of confrontation and cooperation in a negotiation setting. 相似文献
18.
Measuring student progress toward the achievement of learning outcomes in negotiation skills courses is a difficult task. Measuring the effectiveness of the delivery of course instruction can be equally challenging. This article proposes some answers to these questions: How can student performance in skills such as negotiation, leadership, and teamwork (sometimes referred to as “soft skills”) be effectively measured and accurately evaluated? What standards can be used to determine whether student performance is superior, adequate, or inferior? How can teaching effectiveness be evaluated to determine whether students are receiving the instruction necessary to achieve the course learning objectives? This article describes how the authors collaborated on an adaptation of the assessment processes used in the U.S. Army Reserve Officer Training Corps (ROTC) cadet Leadership Development Program for use in an MBA course on negotiation skills. We report on a pilot effort that has demonstrated that the ROTC‐style leadership assessment process can be successfully adapted for use in a graduate course on negotiation and that it provides useful means for evaluating both individual student performance and overall course effectiveness. While our work involved a negotiation course, we suggest that the process could be adapted for use in other skills‐oriented courses such as leadership. 相似文献
19.
Periodic collective bargaining between employers and unions, combined with contract administration and workplace dispute resolution, has provided many core insights for the broad field of negotiations. Over the past twenty-five years, this arena has advanced knowledge regarding the interdependence of integrative and distributive bargaining, the concurrent shaping of attitudes, the management of internal relations (within a party), and the roles of elected and appointed agents. Public sector negotiations have provided new insights into the dynamics of multilateral bargaining as well as a broad array of mediation and arbitration models. While the number of labor agreements negotiated each year has declined over the past half century, at least 23,000 private sector agreements are still executed each year and fundamental changes in industrial relations systems make continued attention to labor–management negotiations of increasing importance. In particular, this arena now features highly structured approaches applying interest-based bargaining principles and presents profound challenges as power relations shift in multiple ways. 相似文献
20.
Jodi Liss 《Negotiation Journal》2011,27(4):419-446
New technology has expanded the opportunities for energy companies within the United States, often bringing them into populated communities and requiring them to negotiate deals with landowners. This case study focuses on how one group of landowners in northeastern Pennsylvania creatively reimagined the process of negotiating in a natural gas deal. They used collective bargaining for leverage, and the Internet and social media to level the informational playing field. These techniques allowed them to develop trust within the group and ultimately with one company, as they sought to protect their environment and enhance their financial gain. 相似文献