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.     

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.     

Teaching Negotiations in the New Millennium: Evidence‐Based Recommendations for Online Course Delivery

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.     

Teaching for Implementation: Designing Negotiation Curricula to Maximize Long-Term Learning

Most negotiation students — and their instructors — aspire to develop negotiation skills that they can transfer to real-world contexts beyond the classroom. Instructors can maximize the likelihood of long-term learning through transfer-oriented curriculum design. Curriculum design elements likely to support lasting and flexible learning include (1) articulation of clear, performance-oriented goals; (2) careful selection of a range of learning activities tailored toward those goals, including activities that promote schema development and adjustment, activities that promote behavioral skill development, and activities that reinforce explicit theoretical understanding; (3) provision of multiple opportunities for constructive feedback from a variety of sources; and (4) the facilitation of self-reflection and metacognition.     

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.     

Collaborative Role‐Play Design: Teaching Negotiation through a Novel Student–Business Partnership

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.     

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.     

A New Use for Practitioners in Teaching Negotiation

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."     

CustomNegotiations.org: A Free Resource for Creating Custom Negotiation Simulations

Negotiation role‐playing simulations are among the most effective and widely used methods for teaching and conducting research on negotiations. Teachers and researchers can either license a published, “off‐the‐shelf” simulation or write their own custom “bespoke” simulation. Off‐the‐shelf simulations are usually high‐quality, include teaching materials, and are typically priced affordably, whereas bespoke simulations are fully customizable and ensure that participants will face a novel challenge. In this article, I introduce a third option: CustomNegotiations.org, a free resource for creating custom negotiation simulations that have the benefits of both off‐the‐shelf and bespoke simulations. I describe this resource and preview how negotiation instructors can use it to customize simulations for their own classes. I also discuss possible future directions for this kind of platform.     

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.     

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.     

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.     

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.     

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?     

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.     

Beyond Frogs and Scorpions: A Risk‐Based Framework for Understanding Negotiating Counterparts' Ethical Motivations

Managing the flow of valid information is one of the biggest challenges that negotiators face. The high incidence of questionable or unethical negotiating tactics has been well documented, but ways of dealing with the deceptive practices of a counterpart have received comparatively little attention. In this article, we suggest that, in addition to avoidance and confrontation, negotiators typically attempt to manage the unethical tendencies of their counterparts through twelve neutralizing approaches. These approaches are based on four types of perceived risk that counterparts often consider when deciding whether to use ethically ambiguous negotiation tactics: risks to immediate or short‐term goals/tasks; risks to immediate or short‐term relationship(s); risks to future or long‐term goals/tasks; and, risks to future or long‐term relationships. By applying expectancy theory, resource dependency theory, social identity theory, and social network theory to this framework, we have developed propositions related to these twelve neutralizing approaches. We also discuss the opportunities and challenges related to evaluating these propositions in future research.     

From Aristotle to Sadat: A Short Strategic Persuasion Framework for Negotiators

Persuasion is undoubtedly a critical negotiation skill. But while the literature has examined its role in negotiation, few, if any, scholars or practitioners have offered a clear strategic framework for putting persuasion into negotiation practice. The ethos, pathos, and logos modes of persuasion elucidated by Aristotle in the fourth century B.C.E. provide a clear, understandable, and easy‐to‐apply framework that students and trainees can use to prepare for negotiation, to deploy during the negotiation process, and to conduct debriefings following a negotiation. In this article, I describe how to apply this Aristotelian framework and explain an additional dimension of persuasion in negotiation that I believe is also critical: timing. Through the real‐world example of Anwar Sadat and his trip to Jerusalem, I demonstrate how this framework has worked in practice.     

Enhancing Community Leadership Negotiation Skills to Build Civic Capacity

Most intra‐ and interorganizational decision making entails negotiations, and even naturally talented negotiators can improve with training. Executive trainings for managers and leadership programs for publicly elected officials, public managers, and nongovernmental organizations frequently include negotiation modules. These efforts, however, have yet to reach community leaders who also need to develop their negotiation skills. We propose that members of disadvantaged low‐income communities who lack educational and economic opportunities, and are less able to advocate for their own interest, need to build and strengthen their civic capacity, including their negotiation skills, to become more effective parties to decisions affecting them. While many professionals and executives have access to training, such opportunities are less accessible to the leaders of these disadvantaged communities. Although such leaders draw from their own heuristic knowledge, skills, and abilities, they could also benefit from sharpening their negotiation skills. We propose that the multidimensional understanding of their community that members accumulate through direct experience is indispensable, nontransferable to outsiders, and not teachable through in‐class activities. Leaders with the ability to leverage knowledge and assets to connect effectively to community insiders as well as to outside people, institutions, and resources, however, possess some specific inherent personality traits as well an understanding of social structures, strategies, and agency, which can be taught and learned. Such skills as how to conduct negotiations around the table and away from it and how to identify community members who can help and how to rally them are also teachable. The cases were chosen to illustrate the knowledge, skills, and abilities (KSAs) that make these leaders effective in and beyond their communities. We highlight those KSAs that we think are teachable in the framework of a negotiation module in community leadership training to enhance civic capacity for community betterment.