Cognitive Maelstroms,Nested Negotiation Networks,and Cascading Decision Effects: Modeling and Teaching Negotiation Complexity with Systemic Multiconstituency Exercises

Negotiation practitioners today struggle to manage complex political, economic, and cultural disputes that often involve an array of intertwined issues, parties, process choices, and consequences – both intended and unintended. To prepare next‐generation negotiators for these multifaceted challenges, negotiation instructors must keep pace with the rapidly evolving complexity of today's world. In this article, we introduce systemic multiconstituency exercises (SMCEs), a new educational tool for capturing this emerging reality and helping to close the experiential learning gap between the simulated and the non‐simulated environment. We discuss our pedagogical rationale for developing The Transition, a seventy‐two‐party SMCE inspired by the complex conflicts in Afghanistan and Central Asia and then describe our experiences conducting multiple iterations of this simulation at Harvard University. We argue that SMCEs, in which stakeholders are embedded in clusters of overlapping networks, differ from conventional multiparty exercises because of their immersive character, emergent properties, and dynamic architecture. This design allows for the creation of crucial negotiation complexity challenges within a simulated exercise context, most importantly what we call “cognitive maelstroms,” nested negotiation networks, and cascading decision effects. Because of these features, SMCEs are uniquely suited for training participants in the art of network thinking in complex negotiations. Properly designed and executed, systemic multiconstituency exercises are next‐generation teaching, training, and research platforms that carefully integrate negotiation, leadership, and decision‐making challenges.     

Hard Bargaining in the Classroom: Realistic Simulated Negotiations and Student Values

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.     

The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students

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.     

Transcending the Classroom: A Practical Guide to Remote Role Plays in Teaching International Negotiation

This article discusses the pedagogical value of using remote role plays in cross‐cultural negotiations between two classes taught simultaneously at different and geographically distant institutions. We argue that remote role‐play simulations provide valuable teaching and learning experiences, and are particularly helpful for managing issues associated with outside‐group negotiation and cultural differences, the prenegotiation stage, electronic negotiations and distorted communication, and one‐shot settings in which the negotiator lacks previous knowledge of the partner. The article begins with a discussion of some critical limitations of “traditional” in‐class role plays, followed by a practical guide to remote role plays and a report of our experiences with them. Finally, we discuss the advantages and disadvantages of remote role plays as a teaching tool for international negotiation classes and the key lessons for the participating students.     

The Chocolate Conundrum: A Simple Simulation of a Canonical Management Problem

This article describes an exercise that simulates one of the most famous of all human management problems: the “tragedy of the commons.” Coined by Garret Hardin in 1968, the term refers to any situation in which people acting rationally to meet their individual interests wind up depleting a shared resource to the detriment of all participants. Because these patterns arise in many real‐world situations — from global warming and natural resource management to free‐rider problems in markets and organizations — this exercise may interest a broad range of negotiation scholars, teachers, and practitioners. The Chocolate Conundrum is a simple exercise that uses candy to demonstrate the tension between individual and collective interests that arises in all social dilemmas. Because these dynamics also arise in many real situations, the exercise can be a powerful teaching tool for instructors in management, public policy, sociology, economics, and many other social science disciplines. Unlike some other simulations of collective action problems, this exercise is simple to administer, requires no computation or tallying of results, and works with a broad range of audiences and group sizes.     

BABO Negotiating: Enhancing Students’ Perspective‐Taking Skills

Negotiation educators recognize that collaborative problem‐solving is a critical negotiation skill. Negotiation outcomes are often better when negotiators take a collaborative approach to the process, and they are better able to do this when they are able to take the perspective of the person with whom they are negotiating. Over the years, I have developed several techniques to help my students improve their collaboration and perspective‐taking skills. One of these techniques is to use collaborative terminology (BABO = both are better off) rather than more competitive language (win‐win). In this article, I describe the strategies I employ in my negotiation class to increase students’ perspective‐taking capacities and discuss how this focus enhances their ability to negotiate collaboratively.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

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.     

Games,Claims, and New Frames: Rethinking the Use of Simulation in Negotiation Education

Negotiation educators have long considered the use of role‐play simulations as an essential classroom teaching method, and have had high expectations regarding their suitability and efficacy for teaching. In this article, we review the literature to examine the degree to which simulations deliver on these perceived benefits, finding that simulations enjoy only limited advantages over other teaching methods. We note three trends that have developed as part of this reevaluation process: improving the way simulations are conducted, deemphasizing the use of simulations as a teaching tool while seeking new methods, and finding paradigm‐changing uses for simulations. With regard to this last trend, we describe our own experiments assigning students to design their own simulations, rather than participate in them as role players. Among other benefits of the design method, we found that designers showed greater improvements in concept learning and motivation than did role players.     

Teaching Negotiation through Paradox

How to teach negotiation cannot be effectively summed up in a few ready‐to‐be‐applied principles. In this article, I define a paradoxical professorial stance that I believe can be useful for helping students learn negotiation concepts and methods, and will also help them reflect on their own practice. The paradoxes are the following: caring for the students while deliberately exposing them to frustration; nurturing a lively, interactive course while respecting those students who prefer to remain silent; helping the students to be more autonomous while simultaneously manipulating them; accepting their vulnerability while nurturing their creativity; and finally, maintaining both professorial distance and closeness. My adoption of such a paradoxical stance as a professor has encouraged greater creativity in my students, and by the end of the course, they are better able to create value in a negotiation simulation.     

Negotiating for Money: Adding a Dose of Reality to Classroom Negotiations

Negotiation and conflict management courses have become increasingly common in business schools around the world. Frequently, these courses employ role plays and simulations to encourage students to try new strategies, tactics, techniques, and behaviors. While these simulations generally are designed to elicit realistic negotiation dynamics, they often lack the full emotional tension inherent in actual negotiations. One possible reason for this reduced tension is that no tangible resources, such as money, are at stake. This article describes an experiment in which MBA students paid a player's fee at the beginning of a negotiation course, and in which each negotiation exercise had an actual dollar value at risk. The article reports some results from this experiment and offers suggestions for instructors who might seek to add a player's fee to their own courses. In general, most students found the experience valuable, as it provided performance benchmarks while focusing their attention more sharply on risks and returns.     

Empowering Students to Create and Claim Value through the Thomas–Kilmann Conflict Mode Instrument

In a world of problem‐solving lawyering, principled negotiation, and integrative bargaining, to describe a negotiation as “distributional” may strike some as heretical. Still, we disserve our students if we ignore distributional bargaining altogether. Unfortunately, many law students who are drawn to negotiation classes bring with them a fundamental discomfort with claiming value. Contrary to the stereotypes that attribute aggression and “sharp practices” to lawyers, many law students struggle to become more assertive. The Thomas–Kilmann Conflict Mode Instrument (TKI) is one tool that I have found can help raise students' awareness of, and comfort with, the reflexive responses to conflict that can impede their attempts to claim as well as create value in negotiation. The insights students gain from taking the TKI can be quickly put to use in the next negotiation role play. Although it may help students realize their dominant response to conflict, the TKI highlights that no single approach to negotiation is always best. Thus, the TKI can both encourage the reticent to claim more value in negotiation and suppress the seemingly insatiable appetites for value claiming that drive other students. When administering the TKI, I encourage students to learn at least four major lessons:

• 1 A negotiator has a choice in resolving the dilemma between value claiming and value creating. We are not just stuck with our reflexes.
• 2 Still, it is good to know what our reflexive response to conflict is likely to be so that we are more mindful of the choices as we make them.
• 3 Departing from reflexes requires energy: preparation, planning, mindfulness, and conscious effort.
• 4 Adaptability is desirable. A well‐integrated negotiator might move from one TKI “type” to another as a negotiation progresses.

In this article, I seek to give a very brief overview of the ways I have used the TKI to convey these lessons, increasing students' comfort with, and management of, value claiming. To this end, the article will describe the TKI, explain how I administer and debrief the students' encounter with it, and point out some potential pitfalls of this process.     

Artificial Intelligence and Technology in Teaching Negotiation

Artificial intelligence (AI), machine learning (ML), affective computing, and big‐data techniques are improving the ways that humans negotiate and learn to negotiate. These technologies, long deployed in industry and academic research, are now being adopted for educational use. We describe several systems that help human negotiators evaluate and learn from role‐play simulations as well as applications that help human instructors teach negotiators at the individual, team, and organizational levels. AI can enable the personalization of negotiation instruction, taking into consideration factors such as culture and bias. These tools will enable improvements not only in the teaching of negotiation, but also in teaching humans how to program and collaborate with technology‐based negotiation systems, including avatars and computer‐controlled negotiation agents. These advances will provide theoretical and practical insights, require serious consideration of ethical issues, and revolutionize the way we practice and teach negotiation.     

Assessment Procedures for Skills‐Based MBA Courses Adapted from the U.S. Army Reserve Officer Training Corps Leadership Development Program

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.     

Culture and Negotiation: The Pedagogical Dispute Regarding Cross-Cultural Simulations

This article examines one especially challenging aspect of active-learning international studies courses—the use of cross-cultural simulations. What is the significance of culture for negotiation? What difficulties might cross-cultural negotiations pose, and how might negotiators work with cultural differences to achieve successful outcomes? Is it possible to model the effects of cultures on negotiators in a classroom role-play? What are the advantages to using cross-cultural simulations, and what difficulties do they entail? How might an instructor make best use of materials that focus on cultural issues and their effect on negotiation? When teaching students of different cultures by active-learning methods, what ought an instructor to bear in mind? What cross-cultural simulations are available, and what readings might be assigned to accompany them?     

New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills

There is a world of difference between teaching negotiation theory, which pertains to conceptual understanding, and teaching negotiation skills, which pertain to actual behavior in real‐world situations. The principle of reflective practice is widely used for theoretical instruction. Deliberate practice, however, is a more powerful model for skills training. Cognitive scientists have discovered that subjects will learn skills best when they perform well‐defined tasks at appropriate levels of difficulty, and when they are given immediate feedback, an opportunity to correct their errors, and an opportunity to practice until the tasks become routine. To satisfy the deliberate practice conditions for large graduate‐level negotiation courses (some as large as seventy students), students were assigned to use webcams with their laptop computers to video record their negotiation exercises. Before each exercise, students were assigned to prepare for and to concentrate on performing two or three well‐defined tasks. Students reviewed these recordings and commented on their performances in a journal before uploading the videos and journals to an assigned network folder. The instructor and teaching assistants then reviewed the journals and specified portions of the videos and provided individual written feedback to the students. The instructors found that student negotiating skills have improved significantly using this new system. In comparison with earlier semesters, students also felt they were involved in a more intense and personal learning experience. A majority of students reported they intend to apply the principles of deliberate practice in their professional lives after graduation. The authors have found this method continues to challenge their ability to identify and describe the skills used by expert negotiators. As an addition to this new methodology, two of the authors have spearheaded the development of video annotation software, known as “MediaNotes,” to help students and instructors review, comment upon, and learn from video recordings of negotiations. Based on their experiences using the software to support deliberate practice, the authors expect this tool to initiate a significant advance in our ability to recognize and describe expert negotiation behavior and in students’ ability to improve their negotiating skills.     

The Culture of Interest: A Proposed Addition and Revision of the Three‐Culture Model

Negotiation and conflict resolution theorists have classified world cultures according to three types for the purpose of describing and predicting some of the ways in which individuals and groups within broad, geographically based cultural groups behave in conflict and negotiation‐related situations. These three broad categories, called “cultural syndromes,” have described these cultures according to the relative value they place on these three concerns: honor, face, and dignity. Based on our examination of the literature on the cultural dimensions of negotiation and conflict management, our own practice, and an analysis of literature and practice pertaining to the place and utility of the honor, face, interest, and dignity attributes within and between cultural groups , we propose a reformulation of this typology. Our reformulation would replace the broad “dignity” category with a new category that we call “interest,” which we believe better characterizes Northern European and North American cultures. We also argue that a cultural orientation toward dignity is universal and not geographically unique and is thus shared by all three cultures. This new formulation, we believe, more accurately characterizes the global range of orientations toward negotiation and conflict resolution and would, if adopted, help scholars and practitioners better understand culturally divergent conflict orientations and behaviors as well as the ramifications of such differences for negotiation and conflict resolution practice.     

Mega-Simulations in Negotiation Teaching: Extraordinary Investments with Extraordinary Benefits

A mega-simulation is a complex-negotiations teaching exercise involving complicated issues and challenging conditions that is undertaken by three or more teams of students. In this article, I draw on two decades of teaching with mega-simulations in international business negotiation courses to discuss potential learning goals for this type of experiential exercise, effective ways to organize the experience, challenges for the instructor, and the distinctive educational benefits that justify the substantial investment of time and resources required to implement these mega-simulations. These simulations can help students to develop greater sophistication in basic negotiation skills, become more extensively exposed to complex skill sets, and develop a deeper understanding of negotiation subject matter and complex processes than they would by conducting standard role plays. Mega-simulations offer major opportunities for students to move to advanced levels of negotiation skill not just in international business, but in diplomacy, law, engineering, and a host of other professional arenas.     

Developing Superior Negotiation Case Studies

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.