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.     

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.     

The tension between empathy and assertiveness

This article explores two central dimensions of negotiation behavior: empathy and assertiveness. Empathy refers to the process by which negotiators demonstrate an understanding of their counterpart. Assertiveness refers to the process by which a negotiator articulates and advocates her interests. Although many people experience empathy to be incompatible with assertion and vice-versa, the authors suggest that the most effective negotiators develop expertise along both dimensions. Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School, Chair of the Steering Committee of the Program on Negotiation at Harvard Law School, and Director of the Harvard Negotiation Research Project. Scott R. Peppet is a Lecturer on Law and Graduate Fellow in Law and Negotiation at Harvard Law School. Andrew S. Tulumello is a law clerk to Judge Pamela Ann Rymer of the U.S. Court of Appeals for the Ninth Circuit. This article is part of an ongoing negotiation project focusing on the roles lawyers play in 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.     

Youth,culture, negotiation and politics

The following paper was motivated by a series of seminars held in 2004 at University of Bayreuth on the Harvard Negotiation Concept of Roger Fisher, William Ury and Bruce Patton (R. Fisher, W. Ury, Getting to Yes: Negotiating Agreement without giving in, 2nd edn, Penguin Books, New York 1991). When comparing the advices of the Harvard Negotiation Concept with my own negotiation experiences in youth politics, I realized that the Harvard Concept is rather useless in many forms of intercultural negotiations. It does not sufficiently address how much culture influences our perceptions of negotiations. Politics is not the only, but surely the most prominent field of intercultural negotiation. Therefore my focus of research was: does culture influence politics? In the first chapter, I describe the reason for the science of negotiation, the validity of universal negotiation concepts, the definition of culture and the existing research on intercultural negotiations. In the second chapter, I discuss concrete examples of how culture allegedly influences politics, such as in International Youth Politics and in the ASEM process. I also give some results from a survey that I carried out in 2004 (The extended version of the paper can be found at my webpage at http://www.karsten-wenzlaff.de). All examples cast a doubt on whether culture really influences politics.     

Neutralizing Unethical Negotiating Tactics: An Empirical Investigation of Approach Selection and Effectiveness

Negotiation is integral to business success, and information is the lifeblood of the negotiation process. When invalid information is disseminated via manipulation or deceit, one or more parties can suffer. Nonetheless, many studies have shown that the use of questionable or unethical tactics is commonplace. This article reports on a study of twelve behaviors that can neutralize a counterpart's tendencies to employ questionable or unethical tactics, improving the chances for an integrative (win–win) outcome. The results suggest that while nearly two thirds of participants employed neutralizing behaviors, they used many of these behaviors later in the negotiation process than anticipated and simultaneously alongside questionable or unethical tactics. While we found some evidence that the twelve neutralizing behaviors were viewed differently from questionable or unethical tactics, the expected attenuating effects were not found. The implications of these findings, including opportunities for future research, are discussed.     

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.     

Teaching Negotiation with a Feminist Perspective

Negotiation teachers encourage their students to be inventive,improve agreements, and push outward on the "pareto" frontier.Likewise, teachers can improve their practice by seeking value, sometimesin other disciplines. In general, negotiation is taught through acombination of lectures with simulation exercises and debriefings. Feministpedagogy enhances this normative model of teaching negotiation. Thisarticle links the traditional method of teaching negotiation with four keyprinciples of feminist pedagogy.     

Thinking Globally and Acting Locally

The literature of negotiation and conflict resolution continues to build on and move away from traditional emphases on transactions and decision making. Topics such as the impact of culture on negotiation once aroused debate but are no longer even controversial. Enough scholars in our large and multidisciplinary field have benefited from the insights of complementary social sciences so that few serious scholars or practitioners doubt that identity and culture are dynamic factors affecting negotiations. Some have moved beyond the quest for distributional efficiency that characterized so much early research and now advocate nothing less than social transformation and empowerment through conflict resolution methodologies. Several recent contributions to the negotiation literature—Negotiating Globally, and Reaching for Higher Ground in Conflict Resolution—are evidence that literature in the field is pushing new frontiers.Anthony Wanis-St. John: His courses include Cross-Cultural Negotiation and the Palestinian-Israeli Peace Process. He was a PON doctoral fellow 1999-2001. He is a practicing mediator and facilitator.     

Interest-Based Negotiations in a Transformed Labor–Management Setting

The authors introduce a group of essays that evolved from a March 2003 symposium on the path-breaking new partnership and use of interest-based negotiation (IBN) at Kaiser Permanente (KP), one of the largest integrated health care programs in the United States. They briefly trace the history of the IBN approach (both success stories and failures); the growth of this phenomenon; and its use in collective bargaining settings. The KP case, the focus of the symposium (which was jointly sponsored by MIT's Institute for Work and Employment Relations and Harvard's Program on Negotiation), is by far the largest instance of the use of IBN in U.S. labor relations history.     

From Lab Experiments to Real Negotiations: An Investigation of International Iron Ore Negotiations

Negotiation researchers have conducted a large number of experimental lab studies to identify the factors that affect negotiation outcomes, but it remains unclear whether those results can be generalized to real‐world negotiations. To explore this question, we analyzed the dynamic international iron ore annual negotiations that took place from 2005 to 2009. We found evidence that supports two important findings from previous experiments. Specifically, we focused on the impact of negotiators’ best alternatives and first offers on negotiation prices using multiple case study analysis. We found that iron ore prices increased more when the gap between the previous year's negotiated price and the price on the alternative spot market, a public market in which commodities are traded for immediate delivery, was larger, which suggested that buyers were sensitive to the strength of this alternative, supporting the literature on the role of alternatives. We also found that the first offer price significantly influenced the final price. Our findings extend two important experimental findings from the negotiation literature to large‐scale business negotiations in the real world.     

Hybrid Warfare,International Negotiation,and an Experiment in “Remote Convening”

The authors are leading a multinational effort to understand the effects of “hybrid” warfare on international commercial negotiation. The start-up process is itself essentially a negotiation, among about forty individual practitioners and scholars with very diverse backgrounds, over whether and how they will work together. In a pandemic, a key risk is that the necessary cooperation and trust will be harder to build, particularly among professionals who are dealing with security-sensitive issues and who have never met each other. This article discusses the current necessity of replacing the in-person model for eliciting such cooperation which the authors had developed previously for large collaborative projects, and describes a “remote convening” replacement process.     

The Effectiveness of Negotiation Training

In the last twenty-five years negotiation has become widely recognized both as a topic of serious research and as an essential, frequently used set of skills. Organizations currently spend tens of billions of dollars annually on training, and mounting evidence suggests that training in interpersonal and problem-solving domains typically has a significantly positive effect. But little systematic research has been conducted concerning the actual effectiveness of negotiation training. This article reviews the available evidence regarding the effectiveness of negotiation training using four levels of outcome measurement. While far less prevalent than one would wish, existing evidence suggests that negotiation training can have positive effects. In this article, I review the specific effects of different teaching methods, and recommend additional research.     

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.     

The Meaning of Intuition for the Negotiation Process and Outcome

Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced negotiators, we apply general research on intuition to the specific case of negotiation and find that negotiators use intuition specifically for attribution and social interaction. We distinguish different intuition attitudes; identify preparation, time, and negotiation stages as relevant drivers for the use of intuition in negotiation; clarify the distinction between intuition and routine; and shine new light on the concept of domain-specific knowledge.     

Buyer and Seller Differences in Business‐to‐Business Negotiations

The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative research methods, including both comparative analysis and frequency analysis. We found some difference between buyers' and sellers' use of negotiation tactics, which suggests this question deserves further empirical study. Buyers' and sellers' use of specific tactics differs according to which overall strategy the negotiators chose, and sellers generally use a greater number of negotiation tactics than buyers. The findings challenge previous findings that suggest that B2B negotiations are collaborative and that negotiators communicate in a collaborative manner. The findings also increase our understanding of buyers' and sellers' variable use of tactics in the course of everyday practice as well as the interplay between negotiation tactics and strategies.     

Broadening the Evaluation of Dispute Resolution: Context and Relationships Over Time

Evaluation of negotiation outcomes tends to focus on measurable, dyadic,short-term resolutions of conflict. We review current challenges to this traditionalmodel of the evaluation of dispute resolution outcomes, and we offerfour perspectives that can help address them. First, we advocate the needfor longitudinal studies of negotiations that incorporate disputant relationshipsbefore and after a particular negotiation. Second, we highlight theincreasing importance of third parties in resolving conflict. Third, we suggesta more comprehensive conception of parties, relationships andoutcomes in negotiations research. Finally, we advance an explicit incorporationof context and culture into dispute resolution research models.     

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.     

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.