Focal Points and Turning Points in Negotiation: A Comparative Analysis

In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow them. In this article, we focus on the relationship of these two negotiation concepts. We raise the following questions: Does the development of focal points precipitate departures, and, if so, how? Do departures lead to the development of focal points, and, if so, how? Are there circumstances in which focal points do not precipitate turning points and vice versa? Do negotiations that feature focal points create more or less durable agreements? Do negotiations that include turning points create more or less durable agreements? To help answer these questions, we have analyzed four cases. In the German Foundation Agreement negotiation, the development of focal points precipitated turning points. In the South African Interim Constitution negotiations, turning point departures precipitated the development of focal points. And in the negotiations to end the Burundi civil war and to reach the Nouméa Accord between France and New Caledonia, parties shared focal points that did not precipitate turning points. These case analyses provide insights into the role of focal points in producing effective and durable agreements. They also suggest opportunities for further research on the interaction between these concepts.     

Interpretive Filters: Social Cognition and the Impact of Turning Points in Negotiation

A number of studies have shown that certain events that occur during a negotiation can alter its course. Referred to as "turning points," these events are precipitated by actions taken either outside or inside the talks that have consequences for outcomes. In this article, we report the results of two experiments designed to examine the impacts of two types of precipitating actions, external and internal. In the first experiment, which focused on external actions, we found that crises — as opposed to breakthroughs — produced more movement in negotiations in which parties viewed the social climate positively (high trust, low power). We found that parties achieved less movement in negative social climates (low trust, high power).
In the second experiment, which focused on internal actions, we found that cooperative precipitants (factors inducing change) were more likely to occur when parties negotiated in the context of positive social climates. Negotiation outcomes were also influenced by the climate: we found better individual outcomes for negotiations that occurred in positive climates (high trust, cooperative orientations). Inboth experiments, the social climate of the negotiation moderated the effects of precipitating factors on negotiation outcomes. Perceptions of trust and power filter the way negotiators interpret actions that occur outside or are taken inside a negotiation, which can lead to agreements or impasses.     

Tales of the Bazaar: Interest-Based Negotiation Across Cultures

Interest-based negotiation, as popularized by Fisher, Ury, and Patton (1991), is a favored negotiation style of many people in the United States and other parts of the developed world. The author, an American attorney who has traveled widely, assesses how that approach works in different cultural contexts. Using illustrations from his own experiences, the author shows how interest-based techniques work successfully, as well as the limitations of this approach in some situations.     

Negotiating in a Complex World

Drawing on the literatures on negotiation and conflict resolution as well as research on international diplomacy, the author proposes a framework for understanding complexity in real-world negotiations. Rejecting models of the process that are simplistic, sterile, or static, he argues that complexity is inherent in negotiation. In ten propositions, he lays out key dimensions of complexity and ways that skilled negotiators can manage it. The propositions focus attention on the ways negotiators create and claim value, shape perceptions and learn, work within structure and shape the structure, negotiate and mediate, link and de-link negotiations, create momentum and engineer impasses, and work outside and inside. The author also highlights the importance of organizational learning in negotiation, noting that most negotiators manage multiple negotiations in parallel, and most organizations have many negotiators doing similar things.     

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.     

A View through the Bubble: Some Insights from Teaching Negotiation Online

The teaching of negotiation in an online context is not only possible, but surprisingly provides a number of opportunities that the traditional face-to-face classroom setting lacks. The author, drawing on his practical experience over the past few years, puts forth suggestions for preparing and teaching negotiation online. After explaining the preparation and structure of the course, the author offers six core insights to consider when teaching negotiation in this context.     

One Reasonable and Inquiring Man: 12 Angry Men as a Negotiation-Teaching Tool

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.     

Principles of Persuasion

Drawing on the literatures on negotiation, communication, and persuasion as well as his research on organizational transformation, the author proposes a framework for understanding and enacting the persuasion process in organizations. He lays out key goals of persuasion and ways that skilled leaders can manage the process. The framework focuses attention on the ways leaders shape perceptions of interests and alternatives, as well as how they persuade one-on-one and from a distance. He also highlights the importance of gaining acceptance of tough, unpopular decisions, noting that the way leaders manage the process can have a major impact on outcomes in such situations.     

Brockdorff-Rantzau and the Struggle for a Just Peace

Weimar Germany’s first foreign minister, Count Brockdorff-Rantzau, presented the Paris Peace Conference of 1919 with a pamphlet of detailed German counterproposals to the peace terms. In a concise cover letter, which was translated into English by the author of the article, the experienced diplomat Brockdorff-Rantzau put forward his most convincing arguments for a fair settlement at Versailles. Though the counterproposals were ultimately rejected, this rare document represents one of the only direct attempts at negotiation that took place between Germany and the Allied powers. This article analyzes Brockdorff-Rantzau’s style of negotiation in order to discern whether the German government’s hopes for a balanced settlement were based on naiveté or cynicism. By outlining three coherent themes in his writings—anger/defensiveness, compromise, and the rule of law—this paper argues that Brockdorff-Rantzau’s words are indicative of a more cynical motivation behind his seemingly perspicuous arguments.     

Taking Stock: An Analysis of Negotiation Pedagogy across Four Professional Fields

This essay analyzes the results of an informal, though extensive, interview-based survey of how negotiation is taught in four distinct fields — law, business, public policy and planning, and international relations. Beyond their similarities, the author points out key underlying differences among the four areas; suggests ways in which insights might be transferred from one context to another; and speculates on some ideas that lie on the horizon for negotiation courses in the decade ahead.     

A Conceptual Framework for Modeling Automated Negotiations in Multiagent Systems

In fully automated e‐negotiation all involved parties are software agents, so negotiation takes place in a multiagent system between software agents that have been developed as a computer system for automating tasks in a specific application domain. A multiagent system is a group of agents that interact and cooperate with each other to fulfill their objectives or to improve their performance. How do these agents negotiate with each other to manage their task interdependencies? What negotiation mechanisms are needed? These are important questions. In this article, we present a conceptual framework for modeling and developing automated negotiation systems. This framework represents and specifies all the necessary concepts and entities for developing a negotiation system as well as the relationships among these concepts. This framework can also be used to model human negotiations scenarios for analyzing these types of negotiations and simulating them with multiagent systems. The work reported in this article is the first unified framework that represents all the needed elements for modeling and developing automated negotiation systems and existing relationships between them.     

The Cognitive Demands of a Negotiation Curriculum: What Does It Mean to “Get”Getting to YES?

A leading theory of human development — constructive-developmental theory — posits that people make meaning in qualitatively different ways through the course of their lives and that their meaning-making capacities continue to evolve even in adulthood. This article begins with a brief introduction to constructive-developmental theory, including its roots in Jean Piaget's work on child development and Robert Kegan's more recent work on adult development. The author then explores the different ways in which students at different developmental stages might make sense of the same negotiation concepts. The article discusses some implications of these diverse understandings for negotiation teachers in terms of goal setting, evaluation, teaching methods, and transformational learning. It then concludes with a suggestion for more research on the connections between constructive–developmentalism and negotiation pedagogy.     

The Influence of Emotional Intelligence on Negotiation Outcomes and the Mediating Effect of Rapport: A Structural Equation Modeling Approach

Although early research on negotiation focused on cognition and decision‐making processes, recently, negotiation scholars have started to pay attention to the importance of emotion in negotiation and have suggested that emotional intelligence is likely to improve negotiation performance. Few studies, however, have tested the relationship between emotional intelligence and negotiation outcomes. This study contributes by empirically testing the influence of emotional intelligence on specific negotiation outcomes (joint gain, trust between parties, and the desire of parties to work together again) and also examines the mediating effects of rapport. We used a laboratory experimental design with 202 participants to test the hypotheses. We found that a negotiator's emotional intelligence was correlated with his or her counterpart's trust level and desire to work again but had no effect on joint gain. In addition, rapport fully mediated the relationship between emotional intelligence and desire to work again, and between emotional intelligence and trust.     

Teaching Students to Shape the Game: Negotiation Architecture and the Design of Manageably Dynamic Simulations

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.     

Improvisation and Negotiation: Expecting the Unexpected

Negotiators must improvise. As the negotiations process unfolds, they work with new information, continually making decisions along the way to achieve favorable results. Skilled improvisational jazz musicians and actors perform in similar ways: they repeatedly practice song chord progressions and notes or scene guidelines before a performance; then, during the performance, they work with the information or the music they hear in order to react and respond, making decisions along the way to produce dazzling music or a compelling scene. In this article, two experts in negotiation, a jazz-improvisation scholar, a former member of an improvisational theater troupe, and a psychotherapist versed in therapeutic improvisational techniques explore the improvisational nature of negotiation.
Several aspects of negotiation are similar to improvisation. Both negotiators and improvisational performers need to have a similar mind-set to be successful, both need to recognize and/or change that mind-set at times, and both must craft creative solutions. But there are some significant differences between improvisational performance and negotiation practice, which this article also notes. For example, personal charisma ("star quality") is a common attribute of successful performers, but not something negotiators may always rely on. Similarly, improvisational artists usually work as a team, while a negotiator is often on his or her own. Nonetheless, the incorporation of improvisation techniques into the negotiation skills repertoire holds great promise for practicing negotiators and is a worthy topic of future negotiation research and teaching.     

Building Momentum in Negotiations: Time-Related Costs and Action-Forcing Events

Using the negotiations over the future of Northern Ireland and other case examples, the author develops a conceptual framework for analyzing how negotiators seek to build momentum and overcome stalemate. The framework focuses on the choices negotiators face between taking action and waiting in the hope that counterparts will make concessions, exploring the importance of perceptions of time-related costs and action-forcing events in shaping decision making. The framework highlights the uneven, nonlinear nature of the flow of negotiation processes from initiation to agreement or breakdown, and focuses on the ways negotiators seek to influence the flow by shaping perceptions of time-related costs, structuring action-forcing events, and creating linkages among sets of negotiations.     

When Negotiations Become Routine: Not Reinventing the Wheel While Thinking Outside the Box

In this article, we seek to apply the insights of recent research on routine to the context of repeated negotiations. To demonstrate the link between both concepts, we introduce an analytical framework in which we identify different negotiation situations in which routine can develop. We distinguish two dimensions of the negotiation process: a problem-solving dimension and a communication dimension. Our framework for analyzing the role of routine in negotiation is built around these two dimensions. We define those skills that we argue in repeated negotiations can help negotiators manage particular kinds of negotiations depending on the level and type of routinization that type of negotiation involves. Moreover, we demonstrate that our framework is inherently dynamic, which we illustrate with simplified business examples.     

Critical Moments as Relational Moments: The Centre for Humanitarian Dialogue and the Conflict in Aceh, Indonesia

Comments about the role of the mediator made by Lakhdar Brahimi, United Nations Special Envoy to Afghanistan, frame this inquiry into the relational milieu favorable to dialogue that explores a series of facilitated discussions between the Free Aceh Movement (GAM) and the Republic of Indonesia convened by the Henry Dunant Centre (HDC). Participants were interviewed as part of an oral history project investigating critical moments in negotiation. This method permitted an in-depth study of a dialogue process as it was understood by the parties themselves, and highlighted the distinctive perspectives practitioners bring to bear with respect to accounting for decisive shifts in negotiation. Critical moments, for this dialogue community, included both macrolevel turning points and microlevel relational exchanges. Attention to the microprocess of exchanges deemed critical by participants suggests the crucial roles played by the practitioners' attitudes and relational dispositions.