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.     

Intuition or Counterintuition? The Science behind the Art of Negotiation

This article celebrates the achievements made by the community of negotiation researchers. Looking back on what has been accomplished, the article addresses three questions: How have we thought about negotiation? How have we studied it? And what have we discovered through conducting research? Of particular interest are counterintuitive findings about processes at the negotiating table, around the table, and away from the table. Building on these contributions, the article looks forward by asking: What are some avenues for further research? The article concludes optimistically by noting that there will be even more to celebrate at the journal's fiftieth anniversary.     

From Aristotle to Sadat: A Short Strategic Persuasion Framework for Negotiators

Persuasion is undoubtedly a critical negotiation skill. But while the literature has examined its role in negotiation, few, if any, scholars or practitioners have offered a clear strategic framework for putting persuasion into negotiation practice. The ethos, pathos, and logos modes of persuasion elucidated by Aristotle in the fourth century B.C.E. provide a clear, understandable, and easy‐to‐apply framework that students and trainees can use to prepare for negotiation, to deploy during the negotiation process, and to conduct debriefings following a negotiation. In this article, I describe how to apply this Aristotelian framework and explain an additional dimension of persuasion in negotiation that I believe is also critical: timing. Through the real‐world example of Anwar Sadat and his trip to Jerusalem, I demonstrate how this framework has worked in practice.     

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.     

A Conceptual Framework for Modeling Automated Negotiations in Multiagent Systems

In fully automated e‐negotiation all involved parties are software agents, so negotiation takes place in a multiagent system between software agents that have been developed as a computer system for automating tasks in a specific application domain. A multiagent system is a group of agents that interact and cooperate with each other to fulfill their objectives or to improve their performance. How do these agents negotiate with each other to manage their task interdependencies? What negotiation mechanisms are needed? These are important questions. In this article, we present a conceptual framework for modeling and developing automated negotiation systems. This framework represents and specifies all the necessary concepts and entities for developing a negotiation system as well as the relationships among these concepts. This framework can also be used to model human negotiations scenarios for analyzing these types of negotiations and simulating them with multiagent systems. The work reported in this article is the first unified framework that represents all the needed elements for modeling and developing automated negotiation systems and existing relationships between them.     

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.     

Sources of Power in Public Negotiations: A Framework Applied to Public-Public and Public-Private Negotiations

The negotiation literature has extensively examined the topic of power and how it can be wielded. Numerous frameworks have been created and utilized in the various treatises on negotiations; analyzing the power differential in any given situation is a common teaching technique. However, despite this focus on the topic, discussions of power have been mainly focused on negotiations in the private sector. As a result, many of the most common frameworks are oriented toward this type of situation, resulting in a clumsy application to a public-sector negotiation. Given the growing importance of negotiations to public-sector leaders, we provide a new structure for analyzing power that can be utilized in such situations. For a municipal leader confronted with a complex public-private partnership, it is important to have the right tools to use when examining the power dynamics at play. After examining several current models of power, as well as other writings on the topic in negotiation and strategy literature, we present a new model. This model divides power into different categories based on whether it stems from formal or informal mechanisms, and then offers several specific forms relevant to the public sector. We then use this new model to examine a case study involving the new mayor of Manchester, New Hampshire and her efforts to negotiate a better response to the opioid and homelessness crisis. This case study illustrates the unique nature of public sector negotiations and provides a roadmap for negotiators looking to use our new framework.     

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.     

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.     

A New Use for Practitioners in Teaching Negotiation

This article examines the role that practitioners as guest lecturers have traditionally played in the teaching of negotiation. The authors argue that, as seen from the perspective of student learning, this traditional role has not utilized the practitioner's expertise and experience to an optimal degree. Because of this, they have redesigned the role of the practitioner as guest lecturer in their negotiation course. They describe this new role in some detail. Their goal is to encourage students to understand how and why integrative negotiation techniques can work beyond the classroom in what students call the "real world."     

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.     

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.     

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.     

With Feeling: How Emotions Shape Negotiation

Recognition of the role played by emotions in negotiation is growing. This article synthesizes current research around four broad themes: moves and exchanges, information processing, social interaction, and context. The authors' review reveals that much of the research on this topic has focused on two key emotions, anger and happiness. More recently, negotiators have turned to other emotions such as guilt and disappointment, demonstrating that not all negative emotions have the same consequences, or activate the same regions of the brain. Focusing on social interaction, the authors note that negotiators may influence each others' emotions: whether negotiators converge to anger or happiness has different consequences for agreement. Researchers have broadened their examination of emotion by considering how external factors such as power, the number of negotiators, culture, and gender influence the impact of emotional expression. The authors also consider the function and impact of expressing authentic emotions, or choosing to use emotions strategically to gain an advantage — an issue that raises important ethical questions for negotiators. The article concludes with some practical implications of the research.     

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.     

Hypothetical Questions as Strategic Devices in Negotiation

In this article, we analyze the use of hypothetical questions in integrative negotiation. We argue that hypothetical questions are useful devices for advancing implicit proposals and can also provide strategic argumentative support for the acceptance of a particular solution. To explain why negotiators prefer to use hypothetical questions when putting forward implicit proposals and to demonstrate how these questions fulfill negotiators' argumentative purposes, our study uses the pragma‐dialectical concept of strategic maneuvering and applies it to the analysis of a number of real‐life negotiations. We conclude by demonstrating that hypothetical questions can be effective devices for strategic maneuvering and that negotiators can employ these kinds of questions to resolve some of the rhetorical predicaments imposed by the negotiator's dilemma as well as to gain a competitive edge over their counterparts.     

Negotiating Classroom Process: Lessons from Adult Learning

Learning by doing is standard fare in negotiation courses across disciplines, and techniques such as learning contracts, self-reflective essays, and small-group work are commonly used. In addition, teachers must resist the temptation to "teach the canon" without regard to the needs, interests, and concerns of the students in the room. Learner-centered education requires that teachers build from the beliefs and preconceptions that students bring to the classroom, including their cultural beliefs and norms about conflict resolution, some of which may be at odds with the North American canon. A discussion-based approach to teaching not only engages students more actively in the learning process but also models many of the skills negotiation teachers seek to develop in their student-negotiators.     

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.