Too Bad for the Women or Does It Have to Be? Gender and Negotiation Research over the Past Twenty‐Five Years

One overriding question that scholars have addressed over the past twenty‐five years is: are women the same or different from men when it comes to negotiating and what might explain these differences? The inquiry has shifted and has become more nuanced over time, but in its essence the issue of individual difference still dominates much of our thinking and research on the topic. The purpose of this article is to provide a structured overview of this considerable literature on gender and negotiation as it has evolved over the past twenty‐five years. In doing this, the article highlights how the social construction of gender has generally changed the discourse from essentialist concepts of differences between men and women to seeing gender as a more complex and shifting dimension of individual identity that is shaped by the contexts in which negotiation occurs. The second purpose of this article is to consider how recent feminist perspectives on gender, which have shifted from viewing gender as a property of individuals to considering the role of institutionalized social practices that sustain gender differences and inequities, can be incorporated into our understanding of gender relations in negotiation theory, practice, and research.     

Is Teaching Negotiation Too Easy,Too Hard,or Both?

Teaching negotiation is easy because teachers and students find the topic fun, interesting, and relevant, which makes most negotiation courses well received. At the same time, teachers may underestimate the challenges in getting their students to think and behave differently in negotiation, which can make it difficult to teach it well. The author examines three teaching challenges in particular: dealing with ethical issues, addressing power imbalances (including those implicated by gender and racial differences), and putting theory into practice in the form of real-world behavior change. This piece is an adaptation of the keynote address that the author delivered on November 14, 2005 at the PON-IRENE conference, New Trends in Negotiation Teaching: Toward a Transatlantic Network , in Cergy, France.     

For the Sake of the Team: Unity and Disunity in a Multiparty Major League Baseball Negotiation

"Divide and conquer" is a well-known expression although the literature on distributive negotiation offers little theory in support of this technique. This article develops theory to explain increases or decreases in unity and disunity among negotiation groups comprising multiple parties in organizational settings. Specifically, this study analyzes the negotiations surrounding the purchase of the Seattle Mariners baseball team in 1992 by a group that included Japanese investors. The study identifies reframing as a technique that can be used strategically to create disunity between cooperating parties on the same side in a negotiation. This article also develops a theory about techniques that can enhance unity between cooperating parties and can protect against disunity that may be generated by the opposition. Dividing and unifying techniques are both components of a larger negotiation theory that seeks to evaluate actions designed to affect the degree of unity between parties working together in distributive settings.     

Gender Differences in Initiation of Negotiation: Does the Gender of the Negotiation Counterpart Matter?

In this study, we investigated if and how gender differences in the propensity to initiate a negotiation are affected by the gender of the counterpart in the negotiation. We enlisted 204 Swedish students to take part in an experiment in which they had to decide whether to initiate a negotiation for higher compensation. In line with previous research, we found that men were more likely than women to initiate a negotiation: 42 percent of the male and 28 percent of the female participants initiated a negotiation. The gender difference, however, was only large and statistically significant when the negotiation counterpart was a woman. With a female negotiation counterpart, women were less likely than men to initiate a negotiation by 24 percentage points, while with a male negotiation counterpart, the gender difference was only 5 percentage points and not statistically significant. This result suggests that the gender of the negotiation counterpart should be taken into consideration when analyzing gender differences in initiation of negotiation.     

New Problem-Solving Scholarship: An Historical Tale with a Happy Ending

The teaching of negotiation in law, business, and other professional schools has greatly increased over the last quarter-century. The author sets the stage for a review of two negotiation texts and an educational video by opening with an historical overview of the development of negotiation pedagogy, which has been informed by scholars from many different academic disciplines. Teaching negotiation in law schools (which have a long tradition of the case method style of teaching, which often encourages an energetic but adversarial approach to problem solving) is still relatively new. The two texts and the educational video examined in this essay offer lessons in a wide angle approach to negotiation, which includes (among many other useful topics): ideas fundamental to theory and practice; social and emotional considerations; the role of cultural and gender difference; relationships between principals and representatives; differences among various types of ADR; and applications of various forms of negotiation in many different contexts.     

More than Just a Footnote: Constructing a Theoretical Framework for Teaching about Gender in Negotiation

The dominant paradigm in teaching about gender issues in negotiation over the past 25 years has been to treat the subject as one of difference — men negotiate one way, and women negotiate another way. While this can provoke interesting discussions, there are pitfalls in treating gender in this way. The author suggests two other ways to approach the subject matter: viewing gender as emergent in the negotiation process or taking a gender relations perspective that highlights some of the invisible aspects of negotiation. The author suggests ways to teach about gender in negotiation courses from each of these perspectives; these newer ways of teaching about gender in negotiation help make it a more integral part of the curriculum.     

Teaching Negotiation Theory and Skills Over the Internet

Negotiating on-line is becoming an increasingly common phenomenon in the workplace. The medium of the Internet also offers promising, opportunities for negotiation educators to reach out to participants that might otherwise be unable to attend a seminar. The authors used the Internet to teach negotiation theory and skills during a seven-week seminar that was conducted completely over the World Wide Web. This experiment revealed several advantages and difficulties likely to arise in the conduct of distance learning for topics in negotiation. The authors reflect on how they would organize the seminar differently, should they do it again, and offer suggestions for others organizing courses using the Internet.     

What Is Training All About?

This article compares "training" to "education" generally and, specifically, with respect to the question of how this distinction plays a role in teaching negotiation and the possible emergence of a "second generation" of negotiation theory and practice.     

Groups Work for Women: Gender and Group Identity in Social Dilemmas

Behavior in social-dilemma (mixed-motive) situations has been of great interest to economists, psychologists, and negotiation scholars. In this study, we used a threshold social-dilemma game to examine factors that have not yet been investigated and that may have an impact on behavior in these settings: gender and group identity. We found that, for women, interacting with members of a naturally occurring group increased coordination and efficiency, while for men, interacting with members of a naturally occurring group decreased coordination and efficiency. Psychological literature on gender differences and group interdependence explains these differences. We conclude by discussing the implications of these results for gender differences in negotiation behavior.     

Methodological problems in negotiation research

SUMMARY

Despite a decade or two of researching negotiation, little more is known about it than before. Since the research methods available in communication science are varied and powerful and there is no lack of information or crucial data, the major impediments to progress must be the inability to formulate the most pertinent questions and to construct the most useful integration of information. Comprehension of negotiation depends on the methods used to accumulate this knowledge, that is observation and theory building. As in the case of other human behavioural research methodology, negotiation methodology has problems concerning theoretical assumptions providing the frame for theory development, the theories forming the basis for the selection or development of research methods and the methods determining the data observed. Methodological problems unique to negotiation research are the complexity of the phenomenon, the multi-disciplinarity, the lack of time resulting from the crisis-nature of negotiation and the present lack of methods to measure relationships between variables.     

An Experimental Study on the Effects of Exitability and Correctability on Electronic Negotiation

The purpose of the present study was to examine via a laboratory experiment the effects of two features of electronic negotiation, correctability and exitability, on negotiation processes and outcomes. We define correctability as the negotiator's ability to revise messages before transmitting them to the other party, thus prompting informational and social elaboration. The opportunity to exit the negotiation that the use of the electronic medium creates, a phenomenon for which we have coined the term "exitability," can give rise to the perception that electronic negotiation is inherently more unstable than face-to-face negotiation. In two experiments, we manipulated the exitability of one of the parties in three ways. In another experiment, we manipulated correctability in two ways. We found that increased exitability caused by the existence of a potential alternative party with whom to negotiate prompted participants to decrease their demands and to reach agreement more often. Increasing the correctability of messages enhanced their clarity and generated more trade-offs, thus leading to more frequent agreements.     

Sharks, Saints, and Samurai: The Power of Ethics in Negotiations

In this article, I explore the notion that ethics, far from being a check or drag on negotiator power, can actually help to enhance it. As the example of Nelson Mandela negotiating with the South African government showed, ethics (or at least the perception of being ethical) can be a major source of power, diminishing or even neutralizing many other weaknesses. I explore some of the principal ethical dilemmas facing negotiators and illustrate the sometimes surprising ways that "right" ethical choices can actually increase negotiator power. This occurs not only in the more superficial case of instrumental or even prudential ethics, (the province of "saints" and "sharks"), where "right" behavior is employed to gain short-term advantage or to improve long-term negotiator reputation, but even more so in the case of intrinsic "principled" negotiation, where the "right" thing is done for its own sake. As in the case of the medieval Japanese samurai, ethics can be a major source of power. This thesis is then illustrated anecdotally in three practical examples, leading to a proposal for how to deepen and apply this lesson to negotiation analysis and practice.     

Gender and Negotiation in the Small: Are Women (Perceived to Be) More Cooperative than Men?

We surveyed research by experimental economists that examines gender differences in negotiation in the context of two simple, two-player games. Our purpose is to uncover empirical regularities in the results that might be useful to teachers or practitioners of negotiation. In the dictator game, one player unilaterally determines the division of a fixed amount of money. In the ultimatum game, one player offers a division and the other must accept or reject that offer; if rejected, both players receive a zero payoff. The results have shown that, on balance, women tend to be more egalitarian than men, to expect and ask for less in the negotiation. Women also seem to be more responsive to the context of a negotiation and are less likely to fail to reach an agreement than men. These differences are small, however, in comparison with differences in expectations about what women and men will do. We conclude that stereotyping is alive and well in negotiations and that this can help or hinder negotiation outcomes, depending on the context.     

Toward a Theory of Negotiation Precedent

It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In this review of the existing literature, I identify twelve concepts and paradigms that are particularly relevant to our understanding of negotiation precedents. I also establish a research agenda and identify three methods for further developing our knowledge of precedents: applying path dependence theory from the field of international relations to a negotiation context; conducting experimental research in a laboratory setting involving subjects engaged in negotiation exercises that contain opportunities to apply precedents; and conducting field research with a focus on case methodology grounded in negotiation linkage theory and theories of negotiation dynamics. Finally, in this article, I formulate a two‐part framework on building and applying precedents, and offer managerial guidance for the negotiation practitioner. Precedents serve as a strategic technique and provide a source of power at that point in a negotiation when decisions are made.     

The jagged line between mediation and couples therapy

Conclusion Mediation of conflict in couples has emerged as a hybrid discipline blending theory and practice from psychology, law and other disciplines. In attempting to orchestrate a successful negotiation, mediators engage the couple in problem solving over concrete issues and workable alternatives. While the healing aspirations of couples therapists transcend the narrower focus of mediation, clinical practice is enriched and informed by facilitating a negotiation that provides valuable data in an economic manner and a rich context for therapeutic intervention. Michael Meltsner is Distinguished University Professor of Law at Northeastern University Law School, 400 Huntington Ave., Boston, Mass. 02115, and a licensed marriage and family therapist.This article is based on a paper presented at the Cambridge Hospital/Harvard Medical School Conference Treating Couples and Their Families, Cambridge, Mass., 26 October 1991. I am grateful for the thoughtful comments of Barbara Hauser and the encouragement of the Couples Team of the Family Center, Somerville, Mass.     

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.     

Legal Issues and Human Rights Dimensions of the Israeli Settlements Issue: Victims and Spoilers

The presenters on this panel discussed several important additional requirements for the successful implementation of a two-state solution that involves significant relocation of settlers. These requirements include balancing rights among different groups, minimizing the impact of "spoilers," and providing political compensation to settlers. Presenters also highlighted the relevance of elements of classic negotiation theory to this issue, including thinking creatively about substance and paying appropriate attention to process.     

Accepting Conflict and Experiencing Creativity: Teaching "Concertation" Using La Francilienne CD-ROM

This article discusses the use of the La Francilienne CD-ROM, which I developed with my colleague Alain Lempereur, law professor at ESSEC Business School, near Paris. As a professor in the ESSEC Department of Environment, I use the CD-ROM as the basic tool for my course "Concertation, Decision, and Local Democracy." The CD-ROM's simulation of a public negotiation process for a highway project allows me not only to teach basic concepts and methods of negotiation and mediation but also to enhance two important concepts in public decision processes in planning and environment: conflicts and creativity. The students are given the opportunity first to experience, and then to discuss, conflict and creativity in a quasi-real setting. These experiences and discussions encourage an internal change process for the students and help them to integrate the negotiation and mediation concepts and methods taught. This internal change will be conceptualized in this article according to two educational theories: transitional thinking theory and experiential learning theory.