Level Two Negotiations: Helping the Other Side Meet Its “Behind‐the‐Table” Challenges

A long analytic tradition has explored the challenge of productively synchronizing “internal” with “external” negotiations, with a special focus on how each side can best manage internal opposition to agreements negotiated “at the table.” Implicit in much of this work has been the view that each side's leadership is best positioned to manage its own internal conflicts, often by pressing for deal terms that will overcome internal objections and by effectively “selling” the agreement to key constituencies. Far less frequently have analysts considered how each side can help the other side with its “behind‐the‐table” barriers to successful agreement. Following Robert Putnam's two‐level games schema, I characterize such “behind‐the‐table” or “Level Two” barriers more broadly, offer several innovative examples of how each side can help the other overcome them, and develop more general advice on doing so most effectively. As a fuller illustration of a Level Two negotiator helping the other side with its formidable behind‐the‐table challenges, I pay special attention to the end‐of‐Cold‐War negotiations over German reunification in which former American Secretary of State James Baker played a key role.     

Consensus Arbitration: A Negotiation‐Based Decision‐Making Process for Arbitrators

In reaching their decisions, arbitrators are currently expected to act like judges by listening fully to both sides and then withdrawing to write the final and complete decision. But because of some key differences between their roles, I argue, arbitrators and judges should exercise completely different styles of decision making. Unlike judges, who make decisive rulings in order to enforce the law, arbitrators are empowered and chosen by the parties themselves to handle specific disputes or govern continuing relationships. Instead of shifting a negotiated process into an authoritative one, arbitrators have the capacity to solicit input from parties as they craft the award. Under a new model of arbitration that I call “consensus arbitration,” arbitrators would facilitate negotiation between the parties but retain the power to break impasses with partial, incomplete decisions, behaving more like facilitators than judges.     

Transnational Dialogue in an Age of Terror

11 September led many people to dismiss the prospects for a meaningful dialogue between Islam and the West. This article argues that the terrorist attacks against the United States also created the potential for a new kind of dialogue by initiating a virtually unprecedented issue-specific global public sphere focused on the question of the relations between Islam and the West. It draws on Habermas to consider the potential for dialogue under contemporary conditions. By examining the constructivist foundations of both Islamist and neoconservative approaches to international politics, this article posits both a demand for and an important potential supply for a meaningful dialogue. In particular, it discusses the intense and important public arguments within the Islamic world about the concept of dialogue and its political possibilities. It focuses upon the internal arguments between moderates and extremists on both sides, and considers how dialogue (or its absence) can change the terms of the interaction by breaking the monopoly over representation claimed by – and too often granted to – radicals.     

Negotiated Exits from Organized Crime? Building Peace in Conflict and Crime‐affected Contexts

This article contributes to a growing discussion in peace mediation and peacebuilding circles about the issue of dialogue and negotiation with organized crime groups. The article seeks to demystify this issue by exploring the range of practice from confrontation to accommodation and transformation. The article argues that there is nothing unusual about engaging in dialogue and negotiation with organized crime groups and that those strategies have been used for decades in crime and violence reduction efforts in urban and civil war settings. In their quest to resolve conflict in violent and fragile contexts, mediators and negotiators can adapt existing peacebuilding practice to help structure dialogue processes with organized crime groups.     

A Conceptual Typology of Kin‐State Mediation

In this article, I argue that kin states can play major roles in international mediation processes involving their kin communities. Although kin states may be naturally biased toward their kin, kin states are sometimes actively involved in mediation processes and such involvement is even encouraged by third‐party mediators. In this study, I divide the various roles assumed by kin states in mediation into four main conceptual categories: promoter, quasi‐mediator, powerbroker, and enforcer. My analysis presumes that a kin state can use its close ties with its kin community to make third‐party mediation more successful. I support and illustrate this model using cases of kin‐state involvement in peace processes and examine both the benefits and complications that kin‐state mediation can entail. This study contributes to scholarship examining the effectiveness of biased mediators. I conclude that the role a kin state assumes in a mediation is often context‐dependent, but that third‐party mediators and the international community can use their leverage over kin states to improve the peace process.     

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.     

Interpersonal communication and the dialogue of drama

SUMMARY

Because of the problems that people encounter in their everyday relationships there is a need for a greater understanding of interpersonal communication in the modern world. This article is a study of interpersonal communication based on the dialogical approach to communication which departs from the premise that communication is man's mode of existence. Communication is the way in which people reach an understanding of each other and at the same time, realise their potential as human beings through self-expression. Because of the difficulties involved in studying people in interpersonal communication, the dialogue of drama is used as a paradigm for dialogue in the real world. The insights gained should be of value in reaching an understanding of the communication problems that people experience in the course of their everyday lives.     

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.     

The Walk in the Woods: A Step‐by‐Step Method for Facilitating Interest‐Based Negotiation and Conflict Resolution

In this article, we describe a method we have used successfully in both academic and professional settings to rapidly introduce novice negotiators to the principles and practice of interest‐based negotiation: “the walk in the woods.” The walk incorporates much of the principles of interest‐based negotiation: fostering self‐awareness, cultivating curiosity, and understanding the importance of world view. The walk's effectiveness is illustrated in this article using the case of the merger of two large, complex health‐care organizations.     

BABO Negotiating: Enhancing Students’ Perspective‐Taking Skills

Negotiation educators recognize that collaborative problem‐solving is a critical negotiation skill. Negotiation outcomes are often better when negotiators take a collaborative approach to the process, and they are better able to do this when they are able to take the perspective of the person with whom they are negotiating. Over the years, I have developed several techniques to help my students improve their collaboration and perspective‐taking skills. One of these techniques is to use collaborative terminology (BABO = both are better off) rather than more competitive language (win‐win). In this article, I describe the strategies I employ in my negotiation class to increase students’ perspective‐taking capacities and discuss how this focus enhances their ability to negotiate collaboratively.     

Predicting Competitive‐Unethical Negotiating Behavior and Its Consequences

This study examines the relationships between negotiators' attitudes toward competitive and unethical tactics, their actual use of those tactics, and their subsequent perceptions of performance and reputation in two‐party, e‐mail‐based negotiations. The results indicate several predictors of competitive‐unethical behavior, including a negotiator's attitude toward competitive‐unethical tactics, early use of competitive‐unethical tactics, and the behavior of a negotiating counterpart. Furthermore, it was the perceived honesty of one's counterpart rather than the actual use of competitive‐unethical behaviors that was associated with a negotiator's perceptions of the collective or joint outcome. The implications of these findings are discussed, along with suggestions for future research.     

The Long‐Term Effectiveness of Mediating Workplace Conflicts

In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus exit mediations, which occur when employees end their employment. We collected data from real workplace mediation cases in the Netherlands. Our results show a general positive relationship between short‐term and long‐term mediation outcomes. Supervisors and subordinates, however, perceive the long‐term outcomes somewhat differently, with supervisors perceiving greater compliance with the agreement than did subordinates after one year. We found no significant difference in perceptions of long‐term effectiveness between exit and nonexit mediations. In the article, we discuss the implications of our findings for mediation theory and practice.     

对中欧全面战略伙伴关系的新期望

伴随当前国际体系的深刻变化和全球化深入发展的大趋势,中欧关系未来发展走向一直是双方十分关切的重要课题。最近中欧之间一系列高层会晤和战略对话,不仅向外界显示了双方对中欧关系的高度重视,而且进一步明确了对中欧全面战略伙伴关系的新期待。中欧双方近期各自表达的关于中欧关系发展走向的新愿景,既有更加积极性的、相似性的层面,同时也显示了双方仍难以消除的分歧性层面。近期,中国领导人提出以新思维推动中欧关系向更高的水平发展具有重要的现实意义。     

U.S. Foreign Aid and Foreign Policy: Building Strong Relationships by Doing It Right!

Foreign aid policies cannot be more successful than their implementation, which inherently involves people and institutions. But people have their own interests and cultural frameworks, and institutions are inevitably grounded in culture and politics. Inattention to the agendas of individuals involved on both sides of foreign aid to Central and Eastern Europe played a major role in its shortcomings. A recent court decision holding two Harvard university scholars guilty of defrauding the U.S. government while running a flagship project to reform the Russian economy underscores the pitfalls in outsourcing traditional functions of government to small, well-connected groups that are not fully accountable in serving the public interest. Drawing on the author's experience studying informal systems and networks over several decades, this article illuminates the importance of foreign policy and aid relationships—how they are set up, who wins and who loses, and how their lack of accountability can contribute to the derailment of nation-building and constructive relations among countries.     

构建中国—东盟人文交流新格局——新世纪中国—东盟人文交流回顾与展望

在国与国的交往中,除了增加政治互信、推进务实合作外,很重要的就是推动人文交流①。人与人的交流,心与心的沟通,是友好与合作的根本和归宿②。中国与东盟各国的交流源远流长。进入21世纪以来,双边的人文交流发展迅速,呈现出前所未有的新局面。     

美国军事介入钓鱼岛将面临两难困境

2010年9月"钓鱼岛海域撞船事件"导致中日关系严重恶化,一度紧张.美国一面表示希望中日通过对话解决撞船事件;一面向日方承诺钓鱼岛适用于<美日安全条约>,在军事上加强美日合作.2010年末,日本制定新的防卫计划大纲,把防卫重点转向包括钓鱼岛的西南诸岛,并企图进一步借助美国牵制中国.综合各方因素看,未来如果美国在军事上卷入钓鱼岛争议,必将使美国面临两难的战略选择.     

The EU,Russia and the potential for dialogue – different readings of the crisis in Ukraine

Recent developments in European security have shown the growing need for a better understanding of the security dynamics on the European continent. This article presents an analysis of differing Russian and European perceptions of European security in general, and concerning the crisis in Ukraine in particular. As much of the literature on these issues has been normatively driven, we aim to provide an impartial presentation and analysis of the dominant Russian and EU discourses. This we see as essential for investigating the potential for constructive dialogue between Russia and the EU. If simplistic assumptions about the motivations and intentions of other actors take hold in the public debate and policy analyses, the main actors may be drawn into a logic that is ultimately dangerous or counterproductive. With this article we offer a modest contribution towards discouraging such a development in Russia–EU relations. After presenting an analysis of the differing EU and Russian perceptions, we discuss the potential for dialogue between such different worldviews, and reflect on potential implications for European security. As the article shows, there are tendencies of a certain adjustment in the Union’s approach that may make a partial rapprochement between the two sides more likely.     

Teaching Negotiations in the New Millennium: Evidence‐Based Recommendations for Online Course Delivery

Traditional methods for teaching negotiation have required both instructor and student to be physically present in the same location. With the advent of the Internet and associated technological advances, however, instructors may now transcend geographical barriers and effectively deliver the same content virtually. In this article, we present an exploratory study comparing two masters‐level negotiation courses: one taught using a traditional in‐person method and the other taught online. Results showed no significant difference in knowledge acquisition as quantified by objective measures, including mean grades. In addition, self‐report data indicate that, although students' skill and mastery of negotiation improved in both courses, online students reported that they experienced less interaction and social engagement with their classmates and instructor. Several course development strategies and best practices are discussed.     

From the 'Olympic Formula' to the Beijing Games: Towards Greater Integration across the Taiwan Strait?

The award of the 2008 Olympic Games to Beijing has animated the people of China, but has raised hopes as well as fears among people in Taiwan. The Olympic movement has enabled both countries to participate in international sports under the so-called 'Olympic formula'. It has also stimulated cooperation between them in such areas as science and trade. Can the Beijing Games bring the two sides closer together through the co-hosting of some events? Three issues may stand in the way: operational feasibility, juridical consent and political agreement. The most intractable problem is the 'one China' principle, a condition set by Beijing for further cooperation. The co-hosting project is not impossible, provided both sides have the political will to make it work. At the moment, however, this political will seems to be wanting.     

The Day‐to‐Day Life of a Dean: Engaging in Negotiations and negotiations

This article analyzes the negotiating strategies and tactics that proved useful during my eight‐year stint as dean of the New York State School of Industrial and Labor Relations during the 1970s. David Lax and James Sebenius have paved the way with their pioneering work on The Manager as Negotiator. By taking this perspective to the academic setting, I have identified a portfolio of tactics that are helpful in understanding how an administrator operates in a complex environment. The examples presented in this article help flesh out the standard categories of distributive and integrative bargaining as well as forcing and fostering strategies for implementing change.