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.     

How Valid Is Negotiation Research Based on Student Sample Groups? New Insights into a Long‐Standing Controversy

Although a considerable amount of research has examined the impact of experience on negotiation behavior and performance, we still know very little about the usefulness of student samples in negotiation research because most studies have compared the performance of inexperienced students with those who had received some kind of extensive negotiation training or with experienced professional negotiators(s). Against this background, we investigate whether the results obtained from trained student samples are generally similar to those of professional negotiators. Generally, our data confirm our hypotheses that students with some negotiation training and experience perform better than untrained student negotiators and that they are not significantly outperformed by professional negotiators. From this, we conclude that many questions in the field of negotiation research can be effectively tested by using trained students as experimental subjects.     

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.     

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.     

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.     

Introduction: negotiating the promotion of democracy

ABSTRACT

This article makes the case for why we should turn to studying democracy promotion negotiation, outlines the research questions guiding this special issue, identifies overarching findings and summarizes the individual contributions. After outlining the rationale for more attention to the issue of negotiation, which we understand as a specific form of interaction between external and local actors in democracy promotion, we outline three basic assumptions informing our research: (1) Democracy promotion is an international practice that is necessarily accompanied by processes of negotiation. (2) These negotiation processes, in turn, have an impact upon the practice and outcome of democracy promotion. (3) For external democracy promotion to be mutually owned and effective, genuine negotiations between ‘promoters’ and ‘local actors’ are indispensable; the term ‘genuine’ here being understood as including a substantial exchange on diverging values and interests. The article, then, introduces the three research questions for this agenda, concerning the issues on the negotiation table, the parameters shaping negotiation processes, and the results of democracy promotion negotiation. We conclude by presenting an overview of the overarching findings of the special issue as well as with brief summaries of the individual contributions.     

Bridging the gap between negotiating experience and analysis

This article describes a teaching approach aimed at helping students to develop the skills needed to understand the negotiation research literature as well as make them more sensitive observers of negotiation processes. The approach consists of moving from the students' specific experiences to a general framework which is used to analyze cases of international negotiation. Students then attempt to reconceptualize their experiences in terms of the framework's analytical categories. This approach is recommended as an alternative to role-play exercises for integrating experience and analysis in graduate courses on negotiation.In addition to teaching the course on negotiation processes (the subject of this article), he teaches courses on research methods in George Mason's doctoral program. Among recent projects, he just completed an analysis of diplomatic communications sent among the kingdoms during the Bronze Age.     

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.     

The Challenge of Learning

This essay offers one attempt to apply insights from educational psychology to the teaching and learning of negotiation skills. First, we suggest a key reason why becoming an expert is challenging, namely, people's naïve theories about negotiation need to be challenged and largely put to rest. Second, we examine how professional schools typically teach negotiation. Third and finally, we offer suggestions for improving our negotiation pedagogy. To this end, we describe and review our research on analogical learning and how it can be used in classrooms to enhance learning.     

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.     

Beyond contestation: conceptualizing negotiation in democracy promotion

ABSTRACT

This article presents an analytical framework that guides the contributions to this special issue and, in general terms, aims at enabling a systematic investigation of processes of negotiation in the international promotion of democracy. It first briefly introduces the rationale for studying democracy promotion negotiation, offers a definition, and locates the general approach within the academic literature, bringing together different strands of research, namely studies of negotiation in international relations as well as research on democratization and democracy promotion. The larger part of the article then discusses key concepts, analytical distinctions and theoretical propositions along the lines of the three research questions that are identified in the introduction to this special issue. More specifically, the article (1) offers a typology that facilitates a systematic empirical analysis of the issues that are discussed in democracy promotion negotiations; (2) takes initial steps towards a causal theory of democracy promotion negotiation by identifying and discussing a set of parameters that can be expected to shape such negotiations; and (3) introduces key distinctions and dimensions that help guide empirical research on the output and outcome of negotiations in democracy promotion.     

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.     

Using "Shocks and Rumors" to Teach Adaptive Thinking

The business landscape is constantly changing. Moreover, because of globalization, increased competition, and instant communication, the rate of change is accelerating. A student who has practiced only static scenarios is ill prepared to recognize, process, or adapt to changing negotiation issues and interests. Thus, negotiation instructors must change our practices to prepare students to succeed in the increasingly dynamic negotiation situations they will face by utilizing simulations that are also dynamic. This article reviews research on adaptive thinking, applies it to negotiation training, and provides examples of dynamic simulations that require students to adapt. Finally, it offers advice on how to make existing cases dynamic by using "shocks and rumors."     

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.     

Interpersonal expectancies,nonverbal communication,and research on negotiation

Conclusion Research on interpersonal expectancy effects and on the processes of nonverbal communication that often play a role in the mediation of these expectancy effects may prove relevant to a better understanding of the processes and outcomes of negotiation. Psychological researchers who investigate these topics have much to learn about social interaction from social scientists who study negotiation. In return, these psychological researchers can bring some interesting bodies of literature and some interesting research methods to bear on the problems of negotiation research. Productive collaboration seems to be a natural and happy consequence. Robert Rosenthal is Professor of Social Psychology at Harvard University, William James Hall, 33 Kirkland St., Cambridge, Mass. 02138. Among his most recent publications isJudgment Studies: Design, Analysis, and Meta-Analysis (New York: Cambridge University Press, 1987).Preparation of this article and much of the research described was supported in part by the National Science Foundation.     

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.     

A Systematic Approach to Evaluating the Effects of Collaborative Negotiation Training on Individuals and Groups

Negotiation training evaluation tends to be short-term, aspectual and piecemeal; evaluations often focus on only one or two salient outcomes of training. This essay presents a model for negotiation training evaluation research that offers a broad conceptualization of the hypothesized individual and group-level effects of training in collaborative negotiation. The model assesses change at the individual level in conflict-related cognitions, attitudes, affect and behaviors; and at the group level in conflict outcomes and work climate. The Negotiation Evaluation Survey (NES), a time-delayed, multi-source feedback approach to assessment and development, is presented as a means of addressing some of the conceptual and methodological problems inherent in more common methods of training evaluation. An illustrative assessment of one model of collaborative negotiation training for adults, the Coleman/Raider Model, is presented. The results, implications, and future research challenges are discussed.     

Negotiation and Discourse Analysis

Discourse analysis focuses on the ways that language and symbols shape interpretations of negotiators' identities, instrumental activity, and relationships. These meanings arise, in part, from language patterns that bargainers employ while they are involved in a negotiation. This article provides a brief overview of research findings on language use in six areas of negotiation: strategy, relational development, identity management, emotional expression, issue development, and framing. It also employs a case example of a real estate negotiation to illustrate how discourse patterns discursively construct the nature of risk, certainty, and loss–gain through framing and issue development.     

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.     

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.