New Insights into Coalition Negotiations—The Case of German Government Formation

Research on coalition negotiations after general elections in parliamentary systems usually focuses on the parties’ utility maximization as corporate actors. However, the most recent process of government formation after the German general election in 2017 followed a different type of logic and led to an outcome unlike that of other coalition negotiations. Regarding policy seeking, office seeking, and vote seeking, the outcomes of both the exploratory talks between Christlich Demokratische Union (CDU)/Christlich-Soziale Union (CSU), Freie Demokratische Partei, and the Greens and the negotiations between CDU/CSU and Sozialdemokratische Partei Deutschlands are at least partly irrational from a cost–benefit analysis. This article examines the formation of Germany’s government in 2017–2018 and reveals the paradoxical outcomes of each phase of the negotiations. Empirical data to underpin the argument stem from interviews with negotiators and statements of direct participants in the formation of the coalition. Instead of the parties’ utility maximization, negotiations were largely dominated by intraparty conflicts, in which individual interests and personal trust rather than partisan unitary programs were most relevant to the negotiation process and outcome. Our work answers the question of why the grand coalition was unexpectedly renewed in the end—contrary to what might be predicted based on established theories of coalition building. The observations and conclusions set forth are of general interest not only for future coalition negotiations in Germany but also for other European parliamentary democracies facing increasing party fragmentation. Most importantly, the analysis yields insights into negotiations undertaken in the absence of rationalist behavior.     

Ingredients of a Successful Track Two Negotiation

During three days in 2003, an Israeli–Palestinian group met in London to negotiate the draft of the “Geneva Initiative,” which offered a potential final status agreement between Israel and Palestine. In this article, I analyze the video recording of these unofficial negotiations and examine how the framing and conduct of the talks enabled significant progress toward reaching an agreement. I describe six main framing techniques used by the mediators: calling the meetings an “exercise,” which reduced restraints on the participants and enhanced their flexibility, avoiding deep historical issues to focus solely on future‐oriented pragmatic solutions, allowing the participants to discuss any topic they chose while deliberately avoiding crucial narrative issues, convincing the participants that this track two negotiation was crucial for the future of official Israeli–Palestinian relations, accentuating the parties' understandings and agreements with each other, and building a sense of superordinate group identity among the participants, to encourage cooperation. These components were the key “ingredients” for the first — and still the only — (unofficial) detailed proposal for an Israeli–Palestinian peace agreement. They provide lessons that could improve the success of other track two negotiations.     

The Fog of Negotiation: What Negotiators Can Learn from Military Doctrine

On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross‐learning and exchange has occurred across the two domains. In spite of important differences, however, the dynamics of war and negotiation have much in common. Specifically, both involve the interaction of motivated agents with distinct interests, perceptions, and values (especially in high‐stakes contexts). As a result, robust strategy, creativity, and nimble tactics are essential both on the battlefield and at the bargaining table. Just as negotiation theory could be enriched by principles of maneuver warfare, military doctrine offers officers and soldiers a potentially useful foundation to better understand and manage the negotiation process, especially in complex, cross‐cultural contexts.     

Panacea or Snake Oil? Interest‐Based Bargaining in the U.S. Airline and Rail Industries

This study of interest‐based bargaining (IBB) examined past usage, current preferences, and future intentions to use this approach in U.S. airline and railroad labor negotiations. Based on a survey of eighty‐four union and management chief negotiators, we found that the personal attributes of the chief negotiator (orientation toward relationships, personal conflict handling style, and competency in IBB approaches) were strong predictors of the past use of IBB. However, personal affinities and styles became irrelevant as experience with IBB accumulated. The negotiator's preferences for IBB in general were strongly correlated to his or her awareness of other carriers' and unions' experiences with IBB, as well as to his or her own direct experience. The negotiator's intention to use IBB in the future was also related to the quality of the contract personally obtained through IBB practices. The study also revealed the unpopularity of IBB among labor negotiators relative to their management counterparts.     

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.     

从松花江污染事故看跨界污染损害赔偿问题的解决途径

假定松花江污染事故造成了跨界污染损害,就有了如何对待跨界污染损害赔偿的问题。在这个问题上,有国家赔偿、国际民事赔偿以及外交谈判和协商三种基本的方式。基于法律解决国家赔偿和国际民事赔偿的选择不是最佳的,基于外交解决的谈判与协商应是中俄双方应当采取的妥善的解决办法。     

论“尧天舜日”之颂和“和谐社会”之追求

无论是从生态思想方面还是从道德文化方面来看“和谐社会”，显然是对“尧天舜日”的否定之否定。“和谐社会”既带有“尧天舜日”的某些痕迹，又包含许多新的更高的特点，不是简单的历史循环，而是走向更高级的阶段。     

What Is Training All About?

This article compares "training" to "education" generally and, specifically, with respect to the question of how this distinction plays a role in teaching negotiation and the possible emergence of a "second generation" of negotiation theory and practice.     

Modem Expressions of Gender： Wang Hanlun＇s Film Acting and Negotiation of Sex

王汉伦是“中国电影史上的第一位电影女明星”。本文通过对王汉伦电影人生图景的素描，说明性别现代化的历程同时也是女性视觉化的过程。现代媒介对所谓新女性的图绘，则恰如王汉伦电影《弃妇》二字所做的媒介隐喻。王汉伦通过电影申述了自己的女性观，但个体的努力在媒体角色与社会角色的性别协商中终归影响甚微。现代性权力最终主导了艺术与社会中的性别表演和性别认同。