共查询到20条相似文献，搜索用时 15 毫秒
1.
Michael Wheeler 《Negotiation Journal》2007,23(4):469-471
In this satire written from the perspective of the fictional defendant in the film 12 Angry Men , the arguments used by the dissenting juror to prove the possibility that the defendant is innocent are explained in ways that actually support his guilt. 相似文献
2.
Susan Hackley 《Negotiation Journal》2007,23(4):463-468
The film 12 Angry Men is often shown in law school and business school to teach lessons about negotiation, group process, communication, decision making, team building, leadership, and critical thinking. It effectively and powerfully depicts the ways in which a successful negotiator can make critical moves and capitalize on turning points in a negotiation. It also illustrates vividly such key negotiation concepts as the difference between positions and interests and the role of such skills as coalition building, framing, and active listening. For these reasons, 12 Angry Men can be a powerful negotiation teaching tool. 相似文献
3.
Cass R. Sunstein 《Negotiation Journal》2007,23(4):443-447
Deliberating groups, including juries, typically end up in a more extreme position in line with their predeliberation tendencies. A jury whose members are inclined, before deliberation, to find a defendant not guilty will likely render a verdict of not guilty; a jury whose members want to award punitive damages will likely produce an award higher than that of the median juror. The phenomenon of group polarization, found in many domains, stems from a combination of information pooling and peer pressure. The events portrayed in the film 12 Angry Men seem to defy the logic of group polarization, but the film nonetheless shows an acute psychological sense. 相似文献
4.
Joshua N. Weiss 《Negotiation Journal》2015,31(3):211-222
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. 相似文献
5.
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. 相似文献
6.
Bruce Patton 《Negotiation Journal》2009,25(4):481-498
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. 相似文献
7.
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. 相似文献
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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. 相似文献
10.
James K. Sebenius 《Negotiation Journal》2011,27(1):69-85
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. 相似文献
11.
Michael D. Watkins 《Negotiation Journal》2007,23(3):333-342
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. 相似文献
12.
Nancy A. Welsh 《Negotiation Journal》2012,28(1):117-145
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. 相似文献
13.
Bert Olivier 《Communicatio》2013,39(2):45-62
Abstract The present era is one of pseudo-communication and overwhelming relativism, where, at best, the ability to persuade one's opponents or a potential audience of the ‘rightness’ (as opposed to the communicable ‘truth’) of one's position, is all important. A closer look at the recent film, Thank you for smoking, shows it to be a stalking horse for precisely this kind of pseudo-communication and relativism, and an all the more successful one in light of its rhetorical sophistication and entertainment value. However, this is no reason to give up on the old-fashioned notion of communication (or ‘truth’), even if one has to reject the illusion – so long entertained by Western philosophy – of unambiguously clear communication of the ‘truth’ in any univocal or absolute sense. Through an analysis of the film in question an attempt is made here to demonstrate that it is a supremely persuasive piece of sophistry in the sense that Plato gave to the term, but that today (given what one has learned from the post-structuralist thinkers), instead of rejecting it on this basis, one should appropriate its lessons in rhetoric and turn it against itself, showing how a complex notion of communication and ‘truth’ of a certain kind may be uncovered in its interstitial rhetorical spaces. This is of particular importance to South Africa, given the fact that ‘persuasive communication’ forms part of curricula in communication studies. The paper aims to show how short sighted the unqualified emphasis on ‘persuasion’ is, especially in South Africa. 相似文献
14.
Brian Mandell 《Negotiation Journal》2018,34(1):37-67
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. 相似文献
15.
The increased importance of ballot issue campaigns creates a need for communication and political science scholars to study the rhetorical strategies employed in such campaigns. This essay presents a typology of four communication functions employed in successful ballot issue campaigns: education, trust development, development of a positive message, and neutralization of the opposition. The typology is applied to an analysis of the 1986 campaign for liquor‐by‐the‐drink in Kansas. 相似文献
16.
Peter Kesting 《Negotiation Journal》2013,29(3):355-369
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. 相似文献
17.
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. 相似文献
18.
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. 相似文献
19.
Mohammad Reza Ayatollahzadeh Shirazi Ahmad Abdollahzadeh Barfouroush 《Negotiation Journal》2008,24(1):45-70
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. 相似文献
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