Fighting the wimp image: Why calls for negotiation often fall on deaf ears

Conclusion Must calls for war always dominate pleas for more serious negotiation? Not necessarily. But, if negotiation is to prevail, its advocates have to recognize which elements of their rhetoric sound weak and timid to others.Right after the routing of the Iraqis from Kuwait, the conventional wisdom was that American voters would repudiate those members of Congress who had argued for more negotiation — the surrender lobby, one belligerent called them. Iraq would teach elected officials not to talk of negotiation in the future. Now, barely a year from the start of hostilities, the verdict is not quite so clear. With Saddam still in power and the establishment of President Bush's new world order yet to be proven, opinion polls suggest that a growing number of Americans now regard the war as only a partial success. Public awareness of the costs of war, as well as its seeming benefits, can only be to the good, but apostles of negotiation should be careful not to read such numbers as vindication of their views. Skepticism about war still must be matched by some well-founded confidence in its alternative. Michael Wheeler is Director of the Undergraduate Program, Department of Urban Studies and Planning, Massachusetts Institute of Technology, Cambridge, Mass. 02139. He is also Deputy Director of the Program on Negotiation at Harvard Law School.     

Ready for Prime Time: The When,Who, and Why of International Mediation

Most of the literature on international dispute resolution emphasizes timing and ripeness when considering whether or not a dispute is suitable for mediation. In addition to this focus, the authors believe analysts should consider whether a particular mediator is ready for prime time. Their framework posits that one may gauge the appropriateness of a mediator for a particular dispute along three different types of considerations: operational and political; strategic and diplomatic; and relationship and cultural fit. They provide numerous case examples illustrating how the choice of a mediator might apply in each dimension.     

Crafting the language of consensus

Conclusion In summary, the consensus process provides a necessary set of procedures and standards that provide the essential foundation for reaching mutually supported settlement of disputes. Adjudicatory or voting processes are antithetical to the very nature of the consensus process. When voting takes place, winners and losers are explicitly defined. This can lead to lessened support for implementation of solutions—and even to the losers preferring that implementation fail.As with any other processes, consensus-based processes can—and, at times, should—fail. Where consensus fails, participants will have recourse to other alternatives for making decisions, including administrative, legal, and political forums, the alternative forums which provided the impetus for disputing parties to seek mutually agreeable solutions through a consensus process. Gerald W. Cormick is a mediator specializing in public policy dispute settlement and a Senior Lecturer in the Graduate school of Public Affairs at the University of Washington. His mailing address is 15629 Cascadian Way, Mill Creek, Wash. 98102.This column is based on materials developed by the author for the British Columbia Round Table on the Environment and the Economy, 8 April 1991.     

The Things Negotiators Do With Money

Deal-making negotiations, in the minds of most people, center on theamount of money that is involved in a transaction. However, the timing ofa money transfer, the different methods of payment, and the addition ofother parties to a negotiation are all factors that sometimes are just asimportant as the amount of the transaction. The author uses case examplesfrom a variety of recent negotiations to illustrate some of the ways thatthe who, when, and how of a deal can have significant impact on a negotiationprocess.     

The Cairo Stories: Some Reflections on Conflict Resolution in Egypt

The author relates three cases of conflict which he has observed in Cairo and recognizes patterns that cut across each of these stories. The stories shed light on how people in Egypt approach and deal with conflict; in addition, they may help readers understand conflict in their home culture as well as be instructive on how to listen to conflict in different cultures. Six general themes in the way Egyptians approach or handle conflict are identified, and each of these themes is analyzed.     

Resolving and Managing Conflictsin Academic Communities: The Emerging Role of the “Pracademic”

The academic world is where a new kind of dispute resolution specialist—the pracademic—is working. Solidly based in academe by virtue of his or her scholarly credentials and career, this person has also developed expertise in alternative (or appropriate) dispute resolution. The pracademic is frequently called upon to help resolve particular disputes and can help identify sources of problems among the many layers of organization found in an academic setting. The authors discuss the role, responsibilities, and challenges of pracademics and speculate on future directions for this emergent practice.     

Another Look at Identity-Based Conflict: The Roots of Conflict in the Psychology of Consciousness

Conflict scholars and practitioners have devoted much effort to understandingwhy differences sometimes escalate into full-blown conflicts. Butnot enough attention has been paid to the psychological and physiologicalprocesses of reality formation and identity formation inherent in thenature of individual human consciousness. The author shows how thefunctions of identity and reality formation pervade human activity, andhow they are particularly connected to conflict. This theoretical constructhas a variety of implications for mediators and dispute resolution in general,which the author illustrates with a series of brief case examples.     

Negotiatory Alchemy: The Court Special Master as Scientist and Mediator

An environmental health scientist and mediator was appointed for the first time as a special master to oversee cleanup of a hazardous waste site in California. The case analysis examines the creative assimilation of Integra-live/mutual gains bargaining (mediation) into a distributive/zero-sum bargaining construct (litigation). The special master played multiple, overlapping, and conflicting roles as the case unfolded. The interfaces and tensions of these roles produced a hybrid style of dispute resolution, termed mediation-negotiation by the author.     

Negotiation: The Chinese Concept

It is no understatement to say that negotiation activity has skyrocketed in China in recent years; however, these negotiations are frequently unsatisfactory. Part of the reason for this lack of success is that Chinese people have a conception of negotiation that is fundamentally different from that of people in the West. Based on extensive interviews with Chinese and non-Chinese negotiators over a period of five years, the author explains the Chinese approach by using two metaphors: mobile warfare and the joint quest. Understanding this approach has significant implications for negotiation practice.     

Whoever Said that Markets Were Fair?

The popular notion that markets are fair is wrong. Working from theory and behavioral research, the author examines the foundations of markets and their relationship to negotiations. In the process, she demonstrates that there is nothing inherently fair about supply and demand curves or market clearing prices. Although market price information may provide a reasonable standard for resolving a price negotiation, it too has little to do with intrinsic fairness. Markets are efficient and incredibly powerful at organizing people and allocating resources, but the idea that they have anything to do with fairness (or unfairness) is a socially-constructed illusion.     

Mediation and Psychotherapy: Two Sides of the Same Coin?

Some mediators believe that mediation and psychotherapy are quite similar, and that when doing mediation, the mediator also is practicing an art form similar to psychotherapy. On face value, some forms of mediation (e.g., evaluative) and some forms of psychotherapy (e.g., psychoanalysis) are so far apart in theoretical conception and in actual practice that they cannot be compared meaningfully. However, the forms of mediation known as facilitative and transformative and the forms of brief or focused psychotherapy that often involve families or couples do have considerable similarity. Overall, numerous resonances exist between these two approaches to mediation and to couples or family-oriented psychotherapies, especially when differences in terminology, licensure, and training requirements are not allowed to obscure commonalities.     

Analyzing linked systems of negotiations

This article presents a conceptual framework for analyzing the structure and dynamics of what the authors call linked systems of negotiations. Even such seemingly straightforward transactions as the purchase of a family car tend to involve linked negotiations. The framework highlights the importance of internegotiation processes in shaping Zones of Possible Agreement, and proposes a typology of linkage. By mapping out and reengineering linked systems, negotiators can enhance their ability to shape the structure within which their negotiations take place.     

Parasitic Integration: Win-Win Agreements Containing Losers

Parasitic integration involves agreements that are Pareto-superior for two or more of the negotiating parties, while being inferior for one or more of the remaining negotiating parties. The contrast between parasitic integration and integrative bargaining is highlighted. A taxonomy and examples of parasitic integration are provided, as well as linkages to specific areas in the negotiation literature.     

Should Singapore rejoin the UNESCO?

The Republic of Singapore withdrew from the UNESCO soon after the United States of America and the United Kingdom in late 1985. During that time, the idea of the New World Information Order was a major topic in the UNESCO. In this article the author analysis Singapores stake in this discussion, the reasons for the withdrawal and asks, why Singapore has still not rejoined the UNESCO, although the international flow of news is no longer an issue and the USA as well as the UK already came back.     

Book Review: Facing the Decisions One Should Make and the Decisions One Wants to Make

Authors of two recent books, Smart Choices and The Win-Win-Solution, offer negotiation practitioners some new twists on how they can improve their decision-making processes. In the first book, Hammond, Keeney, and Raiffa present a five-part PrOACT system, which features: an assessment of the problem; determination of objectives; exploration of alternatives; comprehension of the consequences; and dealing with tradeoffs. The second book, by Brams and Taylor, outlines four settlement options that are available to decision makers, but advocates an adjusted winner approach. The authors have devised a system in which individuals' subjective assessments of particular items in dispute receive point totals, which can then be divided in an equitable manner. In effect, the authors show readers how to deal with the decisions they should make, and those they want to make.     

Stage Development Theory: A Natural Framework for Understanding the Mediation Process

Scholars and practitioners of mediation have generally paid little attention to the development of theoretical frameworks for understanding what is taking place in the mediation process. By borrowing from stages of adult psychological development theory (in this scheme, physical; hedonistic/impulsive; conformist/authority-seeking; rational/individualistic; and integrative), we can better understand some of the behaviors that people exhibit in mediation and perhaps find ways to help parties expand their behavioral repertoires so that new avenues for resolution appear to them. Using frequent examples from mediation practice, the author describes each stage, then assesses the limits and possibilities of relating this theoretical framework to mediation. She sees this juxtaposition of theory to practice not so much as a how to for mediation practice, but rather as a new window through which mediators can view mediation clients, the mediation process, and their own behavior in the mediation room.     

Caveats for Cross-Border Negotiators

Scholars and practitioners have detailed a number of ways that differences in national culture can affect bargaining behavior: from surface etiquette and protocol to deeper cultural characteristics and to systematic variations in decision making and governance. Such cross-national analysis can be quite useful but is prone to at least four hazardous fallacies described in this article and illustrated, in some cases, by probabilistic reasoning. Along with suggestions for avoiding them, these fallacies include: (1) The John Wayne v. Charlie Chan Fallacy (stereotyping); (2) The Rosetta Stone Fallacy (overattribution); (3) The Visual Flight Rules Fallacy (skewed perceptions and information processing); and (4) St. Augustine's Fallacy (When in Rome...).     

Framing “the Other”. A critical review of Vietnam war movies and their representation of Asians and Vietnamese

By considering a variety of films, in chronological sequence, I tried to make understandable the representations of Asians, and especially Vietnamese, by European and American filmmakers. While the themes changed from general war movies, through the depiction of bloodthirsty veterans and patriots towards the view of the victimized service men, the representation of the Vietnamese did not change dramatically. Vietnamese soldiers and civilians are portrayed as cunning, cruel, even sadistic, ambivalent, and irresponsible. These articulations of latent and manifest Orientalism in American movies about the Vietnam War are clear manifestations of a discourse which had broader consequences for the way Asians, or for that sake, Vietnamese, have been depicted. Where earlier movies showed a worldview, in which the Asian participants are reduced to simple pawns in a chess game between the superpowers, the post-1975 Vietnam syndrome genre betrayed a stereotype, which reified the Vietnamese as devious and unchanging. Even the films, which are considered to picture the war in more realistic terms, did not change the framing of the Vietnamese substantially. What changed was a manifest Orientalism, symbolized by stereotypes of the Yellow Peril, but the representation of latent Orientalism of the so-called anti-war movies remained. Current American and French cinematic production on Vietnam is not coming to terms with the past. The re-issued Apocalypse Now, Redux is part of a cultural memorial to remember the war in contradictory terms. We were soldiers is not about the Vietnamese and their war, but about we and us. The Other remains an unknown Oriental.This article is derived from a larger contribution to be published by Ravi Srilata and Mario Rutten (eds.) Europe in Asia, Asia in Europe. ISEAS and IIAS, 2003.     

Designing a dispute resolution system for water policy and management

Conclusions The Montana state water planning process represents one example of how a government agency with decision-making responsibilities can design and facilitate a dispute resolution system. Dispute resolution systems can increase the participation of all affected interests in developing and implementing public policy. This, in turn, should increase their ownership in the final decision and in seeing that it is implemented. A dispute resolution system may not decrease the volume of conflicts, per se, but it should reduce the high costs of conflict and realize the benefits of conflict more efficiently.The use of dispute resolution systems to address complex, multi-party public policy issues also provides other benefits, including the consideration of diverse perspectives and interests; the cooperative and systematic analysis of technical and scientific information; the formation of more pragmatic, equitable, and mutually acceptable goals and alternatives; and the improvement of relationships among diverse, often competing interests, government agencies, and policymakers. Matthew McKinney is a policy analyst and facilitator with the State of Montana Department of Natural Resources and Conservation, 1520 East Sixth Avenue, Helena, Mont. 59620.An earlier version of this article was presented at a conference titled Innovation in Western Water Law and Management, held at the Natural Resources Law Center, University of Colorado School of Law, 5–7 June, 1991.     

Sustained Dialogue in Managing Intractable Conflict

In the warn-torn new nation of Tajikistan, the author has been part of a five-stage dialogue for peace since 1993. The focus of the dialogue has been on transforming relationships and changing relationship dynamics so that this intractable conflict can be addressed positively. The author briefly describes this multilevel peace process both historically and substantively. He also discusses the continual process of evaluation of the Inter-Tajik dialogue effort as well as focuses on a series of questions that apply to intractable conflicts in general.