New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills

There is a world of difference between teaching negotiation theory, which pertains to conceptual understanding, and teaching negotiation skills, which pertain to actual behavior in real‐world situations. The principle of reflective practice is widely used for theoretical instruction. Deliberate practice, however, is a more powerful model for skills training. Cognitive scientists have discovered that subjects will learn skills best when they perform well‐defined tasks at appropriate levels of difficulty, and when they are given immediate feedback, an opportunity to correct their errors, and an opportunity to practice until the tasks become routine. To satisfy the deliberate practice conditions for large graduate‐level negotiation courses (some as large as seventy students), students were assigned to use webcams with their laptop computers to video record their negotiation exercises. Before each exercise, students were assigned to prepare for and to concentrate on performing two or three well‐defined tasks. Students reviewed these recordings and commented on their performances in a journal before uploading the videos and journals to an assigned network folder. The instructor and teaching assistants then reviewed the journals and specified portions of the videos and provided individual written feedback to the students. The instructors found that student negotiating skills have improved significantly using this new system. In comparison with earlier semesters, students also felt they were involved in a more intense and personal learning experience. A majority of students reported they intend to apply the principles of deliberate practice in their professional lives after graduation. The authors have found this method continues to challenge their ability to identify and describe the skills used by expert negotiators. As an addition to this new methodology, two of the authors have spearheaded the development of video annotation software, known as “MediaNotes,” to help students and instructors review, comment upon, and learn from video recordings of negotiations. Based on their experiences using the software to support deliberate practice, the authors expect this tool to initiate a significant advance in our ability to recognize and describe expert negotiation behavior and in students’ ability to improve their negotiating skills.     

Bringing Soul to International Negotiation

In this article, the author calls for a shift in training for international commercial negotiation, away from the standard Western linear, rational, fact-oriented style toward training that makes room for "soul." As used here, the term "soul" combines several concepts that integrate learning on human cognition, cultural intelligence, and effectiveness in international management. The article discusses soul in terms of three components: emotion and subjectivity, deep narratives rooted in faith and ethnic traditions, and cultural intelligence. The article presents three negotiation scenarios from around the globe, contrasting first-generation training approaches to next-generation training approaches that would value the unconscious processes of decision making.     

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.     

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.     

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.     

Mega-Simulations in Negotiation Teaching: Extraordinary Investments with Extraordinary Benefits

A mega-simulation is a complex-negotiations teaching exercise involving complicated issues and challenging conditions that is undertaken by three or more teams of students. In this article, I draw on two decades of teaching with mega-simulations in international business negotiation courses to discuss potential learning goals for this type of experiential exercise, effective ways to organize the experience, challenges for the instructor, and the distinctive educational benefits that justify the substantial investment of time and resources required to implement these mega-simulations. These simulations can help students to develop greater sophistication in basic negotiation skills, become more extensively exposed to complex skill sets, and develop a deeper understanding of negotiation subject matter and complex processes than they would by conducting standard role plays. Mega-simulations offer major opportunities for students to move to advanced levels of negotiation skill not just in international business, but in diplomacy, law, engineering, and a host of other professional arenas.     

Attorneys and Negotiation Ethics: A Material Misunderstanding?

Our research suggests that a true norm of ethical negotiation behavior exists within the legal profession. This conclusion is tempered, however, with the knowledge that a large minority of our research respondents — at times approaching one‐third of them — engaged in unethical and even fraudulent behavior. Additionally, the survey respondents were not saddled with the pressures that practicing attorneys typically confront (pressures likely to make people behave less, rather than more, ethically). In an attempt to understand the reasons for such a high frequency of unethical negotiation, we have identified three major contributing factors: too many lawyers have only a superficial understanding of rules that are more complicated than they appear; lawyers frequently take their “zealous advocate” role too far, thereby placing client loyalty above other important values such as respect for truth and justice; and the practice of law and the people who are drawn to it are highly competitive. To address these factors, we suggest approaching the problem from several different angles. In the classroom, we suggest a focus on the relevant legal standards, including a focus on the often misunderstood law of fraudulent misrepresentations. Because many students fail to appreciate the differences between “ethical” behavior, the floor of socially acceptable conduct, and the expectations that others have for how they will be treated, we also suggest that lawyer training programs focus on the important role that personal relationships and one's reputation play in the legal profession, and how falling short in these areas can decrease one's negotiation effectiveness. For the profession itself, we also suggest clarifying the attorney rules of conduct and provide a number of tactics and strategies to defend against lying and deception during negotiation. Finally, we recognize there are certain psychological factors at play that can cause people to engage in behavior inconsistent with their personal sense of ethics. We believe the only way to avoid these lapses is to integrate conscious and reflective practices that can bring ethical concerns to the forefront of lawyers' decision‐making and thought processes.     

In Search of Master Negotiators: A Negotiation Competency Model

Over the last four decades, the field of negotiation has become a fully recognized academic discipline around the world and negotiation courses and competitions have become increasingly popular. Although it is believed that negotiators may be trained and that negotiation is a skill that can be taught and evaluated, the question of how to assess negotiation performance systematically and comprehensively remains largely unanswered. This article proposes a negotiation competency model for evaluating negotiation performance. The model includes a set of selected negotiation competencies together with proficiency levels and their behavioral indicators. Our goal is to help scholars design more effective negotiation courses and fairer negotiation competitions, improve negotiation pedagogy, and train negotiators who are well prepared to handle conflicts in our increasingly complex society.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

Enhancing Community Leadership Negotiation Skills to Build Civic Capacity

Most intra‐ and interorganizational decision making entails negotiations, and even naturally talented negotiators can improve with training. Executive trainings for managers and leadership programs for publicly elected officials, public managers, and nongovernmental organizations frequently include negotiation modules. These efforts, however, have yet to reach community leaders who also need to develop their negotiation skills. We propose that members of disadvantaged low‐income communities who lack educational and economic opportunities, and are less able to advocate for their own interest, need to build and strengthen their civic capacity, including their negotiation skills, to become more effective parties to decisions affecting them. While many professionals and executives have access to training, such opportunities are less accessible to the leaders of these disadvantaged communities. Although such leaders draw from their own heuristic knowledge, skills, and abilities, they could also benefit from sharpening their negotiation skills. We propose that the multidimensional understanding of their community that members accumulate through direct experience is indispensable, nontransferable to outsiders, and not teachable through in‐class activities. Leaders with the ability to leverage knowledge and assets to connect effectively to community insiders as well as to outside people, institutions, and resources, however, possess some specific inherent personality traits as well an understanding of social structures, strategies, and agency, which can be taught and learned. Such skills as how to conduct negotiations around the table and away from it and how to identify community members who can help and how to rally them are also teachable. The cases were chosen to illustrate the knowledge, skills, and abilities (KSAs) that make these leaders effective in and beyond their communities. We highlight those KSAs that we think are teachable in the framework of a negotiation module in community leadership training to enhance civic capacity for community betterment.     

Developing Superior Negotiation Case Studies

While a great deal of excellent advice exists for producing case studies on managerially relevant topics in general, negotiation cases have distinctive aspects that merit explicit treatment. This article offers tailored advice for producing cases on negotiation and related topics (such as mediation and diplomacy) that are primarily intended for classroom discussion. It describes how to decide whether a negotiation‐related case lead is worth developing and how to choose the perspective and case type most suited to one's objectives. Finally, in by far the longest part of the discussion, it offers ten “nuts and bolts” suggestions for structuring and producing an excellent negotiation case study.     

Structural,Domestic, and Strategic Interests in the European Union: Negotiation Positions in the Council of Ministers

Preferences are a crucial element for analyzing decision making and negotiations, but knowledge about which factors determine these preferences is sparse. Some quantitative and qualitative studies of European Union (EU) negotiations have assumed that the negotiation conflict dimensions in intergovernmental negotiations reflect market‐versus‐regulation approaches as well as a north–south dimension. In this study, I demonstrate that these findings can be extended to show that the relevant determining factors for negotiation positions are economic structural variables and the degree to which a country benefits from the EU. Furthermore, the domestic interests of EU governments better explain a government's interest in some specific issues, such as consumer protection or fishery policies, than do their partisan preferences. Moreover, I am able to show that in frequent negotiations, such as EU Council of Ministers negotiations, sincere preferences dominate; however, some factors, such as extreme salience, can increase the likelihood that a minister will choose a less sincere strategic position such as an extreme position.     

Making the Most of the First‐Offer Advantage: Pre‐Offer Conversation and Negotiation Outcomes

Why do some negotiators benefit from making the first offer during negotiations while others do not? This study explores the contents of conversations that take place before negotiators make their first offers in order to learn more about the differences between ultimately successful first offers that benefit from anchoring effects and ultimately unsuccessful ones in which negotiators apparently derive no benefit from making the first offer. In‐depth qualitative analyses of the conversations that role players engaged in prior to their first offers were conducted in simulated negotiation exercises. Their analysis identified five different conversational tactics that negotiators employed in one‐on‐one negotiations to gain power in the negotiation, or what they call here “power conversation tactics.” Their findings suggest that the negotiation outcome (i.e., net value) was related to how the negotiators employed and combined these tactics during the pre‐offer conversation. Based on these findings, they conceptualized four types of power‐gaining/power‐losing pre‐offer conversation scenarios and explored the link between negotiation outcomes and each of these types of pre‐offer conversations. This study further develops the literature on power dynamics and conversations in negotiations as well as the literature on the anchoring effect of a first offer.     

A Temporal Model of Negotiation Linkage Dynamics

This article explores negotiation linkage dynamics (how one negotiation influences or determines the process or outcome of another) by examining three bilateral trade treaty negotiations conducted by the governments of Australia, Singapore, and the U.S. from 2000 to 2004. After developing a temporal framework of negotiation linkage, the study examines how one negotiation can influence another negotiation when time is treated as an independent variable and negotiation process and outcome are treated as dependent variables. The study's findings can be used to help negotiation scholars and practitioners strategically manage the opportunities and challenges inherent in negotiation linkage dynamics. The study concludes with a proposed research agenda and a temporal enhancement of the negotiation paradigm.     

Transcending the Classroom: A Practical Guide to Remote Role Plays in Teaching International Negotiation

This article discusses the pedagogical value of using remote role plays in cross‐cultural negotiations between two classes taught simultaneously at different and geographically distant institutions. We argue that remote role‐play simulations provide valuable teaching and learning experiences, and are particularly helpful for managing issues associated with outside‐group negotiation and cultural differences, the prenegotiation stage, electronic negotiations and distorted communication, and one‐shot settings in which the negotiator lacks previous knowledge of the partner. The article begins with a discussion of some critical limitations of “traditional” in‐class role plays, followed by a practical guide to remote role plays and a report of our experiences with them. Finally, we discuss the advantages and disadvantages of remote role plays as a teaching tool for international negotiation classes and the key lessons for the participating students.     

The Rhythm of the Deal: Negotiation as a Dance

In all the literature on the theory and practice of negotiation, the governing metaphors have been games, war, and fighting. This is true not only for tactical schools of power‐based negotiation but even for more constructive, interest‐based approaches. Our language is infused with talk of tactics, flanks, concessions, gaining ground, and winning. This article explores the possible consequences of abandoning this picture in favor of the less‐explored metaphor of the dance. We argue that both the content and the process of negotiation can change dramatically once we think of bargaining as an aesthetic activity that can provide intrinsic joy as well as extrinsic benefits. Such a “dance” provides plenty of room for competition as well as cooperation, as movements can be spirited and confrontational as well as smooth and harmonious. We identify many forms of dance that can occur within negotiation and explore three: the dance of positioning, where passions and presentations interact proudly; the dance of empathy, when the partners come to better understand each other; and the dance of concessions, where the deal is struck and the music concludes. Finally, we discuss how the dance can be employed pedagogically, in teaching and training negotiation and mediation. In particular, the Brazilian dance of capoeira illustrates holistically and experientially how movement and rhythm can be interpreted both as fighting and as dancing and how we can come to see a process as both aesthetic and purposeful at the same time. First feeling, then thinking, and, finally, speaking, we can use this medium to explore the dynamics of confrontation and cooperation in a negotiation setting.     

Teaching Negotiation through Paradox

How to teach negotiation cannot be effectively summed up in a few ready‐to‐be‐applied principles. In this article, I define a paradoxical professorial stance that I believe can be useful for helping students learn negotiation concepts and methods, and will also help them reflect on their own practice. The paradoxes are the following: caring for the students while deliberately exposing them to frustration; nurturing a lively, interactive course while respecting those students who prefer to remain silent; helping the students to be more autonomous while simultaneously manipulating them; accepting their vulnerability while nurturing their creativity; and finally, maintaining both professorial distance and closeness. My adoption of such a paradoxical stance as a professor has encouraged greater creativity in my students, and by the end of the course, they are better able to create value in a negotiation simulation.     

Artificial Intelligence and Technology in Teaching Negotiation

Artificial intelligence (AI), machine learning (ML), affective computing, and big‐data techniques are improving the ways that humans negotiate and learn to negotiate. These technologies, long deployed in industry and academic research, are now being adopted for educational use. We describe several systems that help human negotiators evaluate and learn from role‐play simulations as well as applications that help human instructors teach negotiators at the individual, team, and organizational levels. AI can enable the personalization of negotiation instruction, taking into consideration factors such as culture and bias. These tools will enable improvements not only in the teaching of negotiation, but also in teaching humans how to program and collaborate with technology‐based negotiation systems, including avatars and computer‐controlled negotiation agents. These advances will provide theoretical and practical insights, require serious consideration of ethical issues, and revolutionize the way we practice and teach negotiation.     

The Unconscious Conscience: Implicit Processes and Deception in Negotiation

Deception is pervasive in negotiations, and proponents of bounded ethicality propose that the decision to use deception reflects the influence of (unconscious) implicit processes. In this article, we empirically explore the bounded ethicality perspective. In the first experiment, we found that an implicit association between business and morality interacted with the competitive and cooperative characteristics of a negotiation to influence both negotiators' attitudes toward deception and their intentions to use deception. But in a second and third experiment, we found that these did not interact to influence negotiators' actual deception decisions. The results of our studies provide important insights into the deception decision process and complicate our understanding of bounded ethicality.