论谈判在反恐怖劫持人质行动中的价值

保证人质及其他人的生命安全是警方处置恐怖劫持人质事件追求的目的。谈判是其中一个非常重要的环节。能够尽量避免恐怖劫持事件事态的恶化和升级,最大限度地保全人质、行动警员、恐怖劫持分子以及一些无辜人的生命,亦具公众安全心理安抚效应,体现了现代生活的价值理念。对警方不得不实施的武力解救行动来说,谈判是非常重要的准备工作和寻求赢得有利战机的手段     

One Angry Man? A New Look at an Old Film

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.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

Technology‐Driven Alteration of Nonverbal Cues and its Effects on Negotiation

A person’s appearance, identity, and other nonverbal cues can substantially influence how one is perceived by a negotiation counterpart, potentially impacting the outcome of the negotiation. With recent advances in technology, it is now possible to alter such cues through real‐time video communication. In many cases, a person’s physical presence can explicitly be replaced by 2D/3D representations in live interactive media. In other cases, technologies such as deepfake can subtly and implicitly alter many nonverbal cues—including a person’s appearance and identity—in real time. In this article, we look at some state‐of‐the‐art technological advances that can enable such explicit and implicit alterations of nonverbal cues. We also discuss the implications of such technology for the negotiation landscape and highlight ethical considerations that warrant deep, ongoing attention from stakeholders.     

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.     

语言输出理论与英语写作教学

大学非英语专业教学普遍存在学生语言输出过少的现象,本文以语言输出理论为依据,提出强调英语写作教学以增加学生语言输出,促成语言知识的重构和程序化,从而增强学生的语言实际运用能力。并结合教学实践的基础,着重探讨了英语写作课堂教学中教师和学生的角色定位问题和形成性评价在英语写作教学中的运用机制。提出了相应的写作课堂的教学模式。     

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.