Collaborative Role‐Play Design: Teaching Negotiation through a Novel Student–Business Partnership

Simulations are a valuable tool for teaching negotiation, and the different ways in which they are used have been extensively discussed in the pedagogy literature. Scholars have critically reflected on the role of simulations and the conditions under which they are used, and some have stressed their drawbacks. These include their often artificial context, which can, some argue, limit the participants' real commitment. We have undertaken an innovative pedagogical experiment in an effort to address these concerns. As a part of this experiment, the students designed the simulations themselves, deriving inspiration from real situations they had experienced at companies in which they had completed internships. Our students' experiences suggest ways in which this novel pedagogical approach can ameliorate some of the usual pitfalls that instructors encounter when they use role plays. Further, we believe this process allows the students to understand the importance of achieving the right balance between the distributive and integrative dimensions of the negotiation.     

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.     

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.     

World Championship in Negotiation? The Role of Competitions in Negotiation Pedagogy

The last decade has seen the emergence of several new negotiation competitions around the world. We think the two major drivers of this development are a general trend toward the increasing internationalization of higher education and a recognition of the specific benefits of competitions for negotiation pedagogy. These benefits include: the high level of student commitment generated by participation in a competition, which enhances the quality of negotiation; the opportunity that the competitions give students to experience authentic cultural diversity; and the networking opportunities for students and instructors that the competitions create. This article focuses on the role that negotiation competitions can play in negotiation pedagogy. We first present an overview of the currently most important international negotiation competitions. This is followed by an outline of the specific benefits of negotiation competitions for pedagogy. We then take a closer look at the organization and outcome of negotiation competitions and discuss the opportunities for their development and growth.