Cognitive Maelstroms,Nested Negotiation Networks,and Cascading Decision Effects: Modeling and Teaching Negotiation Complexity with Systemic Multiconstituency Exercises

Negotiation practitioners today struggle to manage complex political, economic, and cultural disputes that often involve an array of intertwined issues, parties, process choices, and consequences – both intended and unintended. To prepare next‐generation negotiators for these multifaceted challenges, negotiation instructors must keep pace with the rapidly evolving complexity of today's world. In this article, we introduce systemic multiconstituency exercises (SMCEs), a new educational tool for capturing this emerging reality and helping to close the experiential learning gap between the simulated and the non‐simulated environment. We discuss our pedagogical rationale for developing The Transition, a seventy‐two‐party SMCE inspired by the complex conflicts in Afghanistan and Central Asia and then describe our experiences conducting multiple iterations of this simulation at Harvard University. We argue that SMCEs, in which stakeholders are embedded in clusters of overlapping networks, differ from conventional multiparty exercises because of their immersive character, emergent properties, and dynamic architecture. This design allows for the creation of crucial negotiation complexity challenges within a simulated exercise context, most importantly what we call “cognitive maelstroms,” nested negotiation networks, and cascading decision effects. Because of these features, SMCEs are uniquely suited for training participants in the art of network thinking in complex negotiations. Properly designed and executed, systemic multiconstituency exercises are next‐generation teaching, training, and research platforms that carefully integrate negotiation, leadership, and decision‐making challenges.     

Arms Negotiation,War Exhaustion,and the Credibility of Preventive War

Why do some states agree to suspend their weapons programs in exchange for compensation while others fail to come to terms? I argue that the changing credibility of preventive war is an important determinant of arms construction. If preventive war is never an option, states can reach mutually preferable settlements. However, if preventive war is not credible today but will be credible in the future, a commitment problem results: the state considering investment faces a “window of opportunity” and must build the arms or it will not receive concessions later on. Thus, agreements fail under these conditions. I then apply the theoretical findings to the Soviet Union’s decision to build nuclear weapons in 1949. War exhaustion made preventive war not credible for the United States immediately following World War II, but lingering concerns about future preventive action induced Moscow to proliferate.     

An Exploration of a Model of Social Networks and Multilateral Negotiations

Multilateral (many-party) negotiations are much more complex than traditional two-party negotiations. In this article, we explore a model of social network activity, especially clique formation, among parties engaged in multilateral negotiation and the implications that such networks might have on the negotiation process and outcome. Using data collected from 375 subjects participating in a negotiation simulation, our results reveal that, primarily, the negotiator's perspectives of clique formation (coalition building) — both his or her own and the other party's — have unique effects on the integrative, problem-solving approaches used in the process and on the negotiator's satisfaction with outcomes. Secondarily, centrality (manifest as emergent power) has a positive effect on both problem solving and satisfaction. Interestingly, we found that those players who emerged as the most dominant and powerful were not as satisfied (in relative levels) as those who were less powerful.     

The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop

What is required for effective teaching depends on the goal of the effort, and our criteria for success should be much more demanding than positive ratings from participants. If the goal is to improve participants' effectiveness as negotiators, we need a proven theory and associated skills. In the absence of robust confirming empirical data, which is still mostly lacking, we can take some confidence from qualitative evaluations. But whether or not we have a proven theory, the pedagogical task is complex and challenging, calling for a variety of sophisticated techniques deployed by a skilled instructor committed to joint learning. This article tells the story of some of the instructors' pedagogical learnings in thirty years of teaching the pioneering Negotiation Workshop at Harvard Law School, many of which now have empirical support. It also suggests some areas and tools for more experimentation in future advanced courses.     

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.     

East Asians’ Social Heterogeneity: Differences in Norms among Chinese,Japanese, and Korean Negotiators

East Asian cultures are widely held to be fairly homogeneous in that they highly value harmonious social relationships. We propose, however, that the focus (dyadic versus group) and the nature (emotional versus instrumental) of social relations vary among the Chinese, Japanese, and Korean cultures in ways that have important implications for the negotiation tactics typically employed by managers from these three cultures. Our data are from a web survey administered to three hundred eighty‐eight managers from China, Japan, and South Korea. In this article, we discuss how the differences in the focus and the nature of business relationships in China, Japan, and Korea are manifested in the different norms for negotiation tactics endorsed by managers from these three countries.     

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.     

An Experimental Study on the Effects of Exitability and Correctability on Electronic Negotiation

The purpose of the present study was to examine via a laboratory experiment the effects of two features of electronic negotiation, correctability and exitability, on negotiation processes and outcomes. We define correctability as the negotiator's ability to revise messages before transmitting them to the other party, thus prompting informational and social elaboration. The opportunity to exit the negotiation that the use of the electronic medium creates, a phenomenon for which we have coined the term "exitability," can give rise to the perception that electronic negotiation is inherently more unstable than face-to-face negotiation. In two experiments, we manipulated the exitability of one of the parties in three ways. In another experiment, we manipulated correctability in two ways. We found that increased exitability caused by the existence of a potential alternative party with whom to negotiate prompted participants to decrease their demands and to reach agreement more often. Increasing the correctability of messages enhanced their clarity and generated more trade-offs, thus leading to more frequent agreements.     

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.     

Social Media Influence on Diplomatic Negotiation: Shifting the Shape of the Table

Social media is changing not only the atmosphere in which international negotiations take place; it is also changing the very substance of the deals. Because of the pace and proliferation of social media, negotiators must read “weak signals” early on—and anticipate a quickly organized, highly motivated opposition. However, diplomatic negotiators still lack the tools to engage in this sort of anticipatory strategy design. This article examines two recent cases, one involving the Transatlantic Trade and Investment Partnership and the other involving a German Constitutional Court’s ruling on the European Central Bank’s Public Debt Purchasing Program, in which social media had a highly disruptive, unanticipated impact on international negotiations—to the point of forcing negotiators’ hands—and suggests institutional remedies to better anticipate the catalytic impact of advancing technology on diplomatic interactions.     

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.     

A Logic for the Magic of Mindful Negotiation

In this article, the author identifies similarities between the theories of mindfulness meditation (and its Buddhist foundations) and interest-based negotiation. She argues that incorporating such facets of mindfulness as purpose, presence, acceptance, and connectedness can improve negotiator effectiveness as well as make the experience more satisfying and uplifting for the negotiator.     

The Promise and Peril of Automated Negotiators

Innovations in artificial intelligence are enabling a new class of applications that can negotiate with people through chat or spoken language. Developed in close collaboration with behavioral science research, these algorithms can detect, mimic, and leverage human psychology, enabling them to undertake such functions as the detection of common mistakes made by novice negotiators. These algorithms can simulate the cognitive processes that shape human negotiations and make use of these models to influence negotiated outcomes. This article reviews some of the scientific advances enabling this technology and discusses how it is being used to advance negotiation research, teaching, and practice.     

Chronicling the Complexification of Negotiation Theory and Practice

The essay reviews the content of twenty-five years of Negotiation Journal , identifying themes and issues explored on its pages in the past, the current issues challenging the field's scholars and practitioners, and the issues likely to confront us in the future. It argues that while we in the field hoped for simple, elegant, and universal theories of negotiation and conflict resolution, the last twenty-five years have demonstrated the increasing complexification of negotiation theory and practice, from increased numbers of parties and issues, and dilemmas of intertemporal commitments, ethics, accountability, and relationships of private action to public responsibility.     

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.     

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.     

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.