The Management of Power in Municipalities: Psychoanalytically Informed Negotiation

The paper takes the view that the psychoanalytic process is a form of negotiation or mutually constructed reality and applies these clinical insights to dispute resolution between two municipal entities: a fire department and a city government. The success of the mediation process is described as depending on the disputants' developing awareness of the impact of power struggles on their own thinking and functioning, and how group dynamics shape perceptions. Operating as a change agent, the mediator needs to be aware of three commonly recurring issues that interfere with the negotiation process: transference/counter-transference enactments, enactment by fundamental attribution error, self-serving enactments, and self fulfilling enactments. Vignettes are given to illustrate these conceptual issues.     

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.     

Hard‐Core Toughie: Donald Trump’s Negotiations for the United States Presidency

This paper examines the negotiation tactics employed by Donald Trump in his 2016 presidential campaign. Drawing on data from multiple sources (interviews, debates, articles, books), our analysis begins with a brief overview of Trump’s personality and philosophy, which offers a basis for understanding his general negotiating approach. We then highlight six competitive tactics and four principles of persuasion that Trump employs, with specific examples of how he used them during the campaign with his primary negotiating counterparts – the other candidates, the Republican Party, the press corps, and the American electorate. Finally, we discuss some of the implications of his negotiating approach and preferred tactics in dealing with domestic and international issues as president of the United States.     

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.     

Process in Cross-Cultural Negotiations

This essay describes the four broad themes that emerged from our discussionabout the role of process in cross-cultural negotiations and considerstheir implications for future research. First, we address the nature of theconflict, in particular whether a negotiation is classified as a dispute or atransactional exchange. Second, we contrast the role of cognition and rapportin negotiations and consider when rapport replaces the centrality ofcognition. We also discuss the extent to which negotiating processes createrelationships based on trust or power, and consider how cultural valuesinfluence the development of these underlying relationships. Finally, weconsider the role of culture in defining what is perceived as an optimal outcomeand raise the possibility that suboptimal outcomes may holdsymbolic value in cross-cultural negotiations.     

Third Parties and Culture

This essay describes the four broad themes that emerged from our discussionabout the role of process in cross-cultural negotiations and considerstheir implications for future research. First, we address the nature of theconflict, in particular whether a negotiation is classified as a dispute or atransactional exchange. Second, we contrast the role of cognition and rapportin negotiations and consider when rapport replaces the centrality ofcognition. We also discuss the extent to which negotiating processes createrelationships based on trust or power, and consider how cultural valuesinfluence the development of these underlying relationships. Finally, weconsider the role of culture in defining what is perceived as an optimal outcomeand raise the possibility that suboptimal outcomes may holdsymbolic value in cross-cultural negotiations.     

Ten Ways that Culture Affects Negotiating Style: Some Survey Results

A survey of 310 persons of different nationalities and occupations asked respondents to rate their negotiating styles with respect to ten factors involved in the negotiation process. These factors included a preference for: a written contract in contrast to relationship-building as a negotiating goal; an integrative (win-win) as opposed to a distributive (win-lose) bargaining approach; and high rather than low tolerance for risk-taking. Reporting on the responses of persons from 12 countries and eight different occupations, this study finds that, in many instances, persons from the same cultures and occupations tended to respond to these negotiating elements in a similar fashion. Survey responses were also examined with respect to the respondents' gender. The study would appear to support the proposition that culture, occupational background, and gender can influence negotiating style.     

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.     

The Mediator as Face-Giver

Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution—with egos and relationships intact.     

Empowering Students to Create and Claim Value through the Thomas–Kilmann Conflict Mode Instrument

In a world of problem‐solving lawyering, principled negotiation, and integrative bargaining, to describe a negotiation as “distributional” may strike some as heretical. Still, we disserve our students if we ignore distributional bargaining altogether. Unfortunately, many law students who are drawn to negotiation classes bring with them a fundamental discomfort with claiming value. Contrary to the stereotypes that attribute aggression and “sharp practices” to lawyers, many law students struggle to become more assertive. The Thomas–Kilmann Conflict Mode Instrument (TKI) is one tool that I have found can help raise students' awareness of, and comfort with, the reflexive responses to conflict that can impede their attempts to claim as well as create value in negotiation. The insights students gain from taking the TKI can be quickly put to use in the next negotiation role play. Although it may help students realize their dominant response to conflict, the TKI highlights that no single approach to negotiation is always best. Thus, the TKI can both encourage the reticent to claim more value in negotiation and suppress the seemingly insatiable appetites for value claiming that drive other students. When administering the TKI, I encourage students to learn at least four major lessons:

• 1 A negotiator has a choice in resolving the dilemma between value claiming and value creating. We are not just stuck with our reflexes.
• 2 Still, it is good to know what our reflexive response to conflict is likely to be so that we are more mindful of the choices as we make them.
• 3 Departing from reflexes requires energy: preparation, planning, mindfulness, and conscious effort.
• 4 Adaptability is desirable. A well‐integrated negotiator might move from one TKI “type” to another as a negotiation progresses.

In this article, I seek to give a very brief overview of the ways I have used the TKI to convey these lessons, increasing students' comfort with, and management of, value claiming. To this end, the article will describe the TKI, explain how I administer and debrief the students' encounter with it, and point out some potential pitfalls of this process.     

国际法视角下的六方会谈

缔造和平的过程是一个不断迁就和适应不同的目标及其轻重缓急次序的过程。和平解决国际争端也需要选择适当的方式、遵循法的规范、发挥高超的谈判技巧、提出创造性的方案、保持良好的谈判势头。六方会谈旨在调停美朝冲突、推动多边会谈、遵循协商原则来和平解决朝核危机。它法理上的作用和其政治上的作用一样,都是国际争端解决的关键,都是需要不断探讨和研究的课题。     

Prospects of peace negotiation in Papua

The Papuan conflict resembles the conflict in Aceh. Also some of the models of conflict resolution can undoubtedly be imported for Papua from Aceh. However, the existence of large migrant groups, the lack of a coherent organization of the rebel side, and the more extreme nature of economic grievances in Papua than in Aceh, give the conflict problem in Papua its own characteristics. This article speculates about how much Papua could learn from its own past and how much lessons it could emulate from other areas to establish its own mechanisms of peace negotiation.     

Using Tomorrow's Headlines for Today's Training: Creating Pseudo-reality in Conflict Resolution Simulation Games

This article introduces the "pseudo-reality" method of constructing and conducting conflict resolution training workshops. This method focuses on creating a backdrop against which participants engage in building negotiation and mediation skills using real-life events and facts — but only to the extent that these events and facts promote the learning process. By creating pseudo-reality, trainers can overcome strong preconceptions or biases that can interfere with the learning process while at the same time preserving the advantages of working within a familiar, realistic environment. This method is meant to be used when the main goal of a workshop is skill building rather than imparting substantive knowledge of a specific conflict. The article illustrates this method by describing its use at a workshop conducted recently in Cyprus, in which the Israeli–Palestinian conflict served as a backdrop for conflict resolution skill building. Finally, the article describes a model designed to help conflict resolution trainers create pseudo-reality in their own workshops.     

Perceptions of Time and Their Impact on Negotiations in the Arabic-Speaking Islamic World

This article examines how perceptions of time affect Arabic-speaking Islamic negotiators and how their attitudes about time, and their corresponding behaviors, may differ from those of their Western counterparts. We begin by identifying cultural differences in the conceptualization of time and then comment on the role of time in negotiations, discussing how time influences bargaining, trust, and negotiation tactics. In the section on tactics, we discuss stall-and-delay tactics, the use of the past as an objective standard, and limits on negotiating the future. Our purpose is to encourage negotiators from the West to be knowledgeable about the way they, as well as negotiators from Arabic-speaking Islamic cultures, conceive of and use time in negotiations. We believe that understanding that the very concept of time is often quite different in these two cultures is an important step in facilitating negotiations that cross these cultural boundaries.     

The Curse of the Smartphone: Electronic Multitasking in Negotiations

In this study, we have explored the use of mobile phones during negotiations. Specifically, we examined the effects that multitasking — reading messages on a mobile phone while negotiating face to face — had on the outcome achieved in a negotiation, as well as on perceptions of professionalism, trustworthiness, and satisfaction. Using an experimental design in a face‐to‐face dyadic negotiation, we found that multitasking negotiators achieved lower payoffs and were perceived as less professional and less trustworthy by their partners.     

Diplomatic Interactions and Negotiations

This article examines the role of state actors, organization agencies, and individual agents in diplomatic interactions and negotiations. States as diplomatic actors, organizations as diplomatic agencies, and individuals as diplomatic agents enter into complex and interdependent relationships. Proposing a three‐level analysis of interstate interactions and diplomatic negotiations, I argue that no diplomatic negotiation happens without interactions between parties at the state, organizational, and individual levels. The agency–structure paradigm provides a conceptual framework for understanding behavioral and structural properties of international interactions and their influence on diplomatic negotiations. Diplomatic negotiation employs specific forms of interaction, using a distinct language, protocol norms, symbols, ceremonies, and rituals. The state's “self” (as a social conception of its identity, values, and interests) affects the process of diplomatic negotiation. By managing, organizing, and improving international interactions at the actor, agency, and agent levels, negotiating parties can advance the process and effectiveness of diplomatic negotiation.     

The Reporter's Dilemma: News Gathering as Negotiation

This article presents a framework for understanding the process of news gathering as a negotiation between reporters and the people and institutions they cover. News gathering is shaped by constant tension between the "deal" - getting the story - and the relationship among those concerned. Competing actors and multiple levels exacerbate the reporter's dilemma, a variant of the classic negotiator's dilemma. Using case material from published accounts of news gathering, this article points to practical implications for all involved parties in negotiating with the media.