Negotiations Final

Tacit Coordination Concession Strategies

ACcomodation

Opening offer should be _ in a relationship situation and _ in a transaction if you have leverage (best possible you can support)

Accommodating/fair Optimistic

Relationships

Accomodation

Strategies for Effective Mediation (11)

Acknowledgement of Emotions Effective Questioning Reframing Reality testing BATNA Silence Brainstorming Flip Side Neutralizing language Avoiding and Moving on/intentional Deletion

Goals of Initial Exploration of Perspectives 1. Identify issues to be _ 2. Develop a _ of the situation 3. Help the parties feel _ 4. Help the parties express their _ productively and acknowledge them 5. Identify parties' _ 6. Help parties to understand and respect each others' _ 7. Shift focus from past _ to future-oriented _

Addressed Picture Heard Feelings Interests Perceptions and needs Adversaries, problem solvers

Clarify their Agreement 1. Summarize the _ terms 2. _ with each party their understanding 3. Ask whether other _ need to be discussed 4. Help them specify the _ of their agreement 5. State each person's _ in the agreement 6. Recheck with each party _ they are to do certain things, _ , and _ 7. Explain the process of _ 8. Emphasize that the agreement is _ , not yours 9. Establish a _ to follow up with each party 10. Congratulate the parties on their _ and the workability of their resolution

Agreement Recheck Issues Terms Role When, where, how Follow up Theirs Time Reasonableness

Help the Parties Negotiate 1. Ask each party to list _ for a settlement 2. _ and _ each alternative 3. Check with each party on the _ of each alternative 4. Restate whether the alternative is _ 5. In an impasse, suggest the general form of other _ 6. Note the amount of _ already made to show success is likely 7. If the impasse continues, suggest a _ or _ 8. Encourage them to select the _ that appears to both as workable 9. Increase their understanding by _ the alternative 10. Help them plan a course of action to _ the alternative

Alternative possibilities Restate, summarize Workability Workable Alternatives Progress Break, second mediation session Alternative Rephrasing Implement

Make sure parties are aware of their _

Alternatives

Closing 1. Provide _ - different final offers 2. Use a _ date- exploding offers 3. Use _ : throw in something extra eg. a future discount

Alternatives Drop dead Sweeteners

A cognitive bias that explains why a negotiator may want to make the first offer as it anchors the negotiation Effective if the other side isn't prepared especially

Anchoring

Parties often bring strong feelings of _ and _ into mediation which can prevent them from talking productively. A mediator should try to gain their _ for you and the process and help them feel comfortable

Anger, frustration Trust

Third party decides who is right or wrong, controls outcome and not the process Final decision is binding

Arbitration

Arbitration hearing with a sealed decision followed by mediation then, if needed, ruling phase

Arbitration-Mediation

Mediation should change each party's _ toward each other Act, feel, and think differently

Attitude

Shape the _ others will make of your concessions to ensure you encourage reciprocity rather than exploitation

Attributions

Instances that come readily to mind are overestimated/seen as more credible

Availability Bias

If parties are at an impasse on an issue, move to another one that might be easier to agree upon

Avoiding and Moving On

IEP Steps 1. Select a party to _ 2. Ask an _ question and give some _ for what the party should talk about and for long on 3. _ and _ and _ and _ 4. _ issue and confirm _ 5. Ask if the party wants to _

Begin Open ended, guidance Listen, summarize, probe, clarify Summarize, interests Add anything else

External controls settlement terms Parties control discussion process

Binding Arbitration

Mediation is inappropriate when... 1. There is an _ that needs to be established 2. A decision maker refuses to _ 3. A party cannot effectively _ his or her best interests 4. A person important to the case isn't _ 5. There is a threat of _ 6. _ is needed 7. One party won't negotiate in _ and sees mediation as a stalling technique 8. A case involves _ or _ issues

Case law participate represent present criminal action Discovery Good faith Gov, political

Traditional arbitration has a _ effect on the parties- it's calming, and neither one gets what they want

Chilling

Ways to create scarcity

Competition Deadlines (esp if out of your control) Walkouts

Why should you not make big concessions in the early stages of a distributive negotiation?

Confuse the other side Think you really want it then you don't Think you don't care about what you conceded on and you don't get credit for it

Mediation skills can be used by managers as part of _ , _ or to resolve _

Consensus building Brainstorming Workplace disputes

Concessions.... 1. Send a _ (flexibility or firmness?) 2. _ your pattern of concessions (trade low priority for high) 3. The final offer and making a _ (finality, specificity, and consequences)

Consistent message Logrolling Commitment

Mediation is appropriate when... 1. Parties want to _ and _ the relationship 2. Going to court would adversely affect _ and _ 3. _ is important 4. There is a need for _ solutions with _ assessments 5. They want to reach _ solutions 6. There are concerns about future _ or repetitive ) 7. No novel _ or a desire to make _ 8. The cost of litigation is likely to exceed the _ 9. Neither party's case is a _

Continue, preserve Morale, productivity Confidentiality Creative, realistic Mutually satisfactory Litigation, claims Legal issues, case law Value of the dispute Clear winner

The good/bad guy routine takes advantage of the _ principle and the best way to fight it is _

Contrast To point it out

_ is needed for negotiation that lead to agreement and requires a stable setting setting

Cooperation

Acknowledgement of Emotions: naming emotions may help _ it

Diffuse

Research suggests that hearing a very high or low number causes us to _ and unconsciously adjust our expectations in the direction of the opening number

Doubt ourselves

The Process 1. Negotiations are about _ 2. Want to appear _ 3. Goal should be to make a _

Ego/power/being right Strong/not weak Deal

When you own something, you feel that it is more valuable than if you don't own it Eg. family heirloom

Endowment Effect

2 Parts of Prep

Espionage (facts) Empathy (bond)

Once you make an offer, set an _ to make your real offer seem reasonable

Extreme anchor

Reality Testing 1. Help the parties expose the _ of their ideas 2. May be better done in _

Feasibility Caucus

Arbitrator must choose one of the submitted proposals Eg. MLB

Final offer arbitration

Transactions

Firm

Flip Side is asking one party to see the dispute _ , but you must be careful to avoid being seen as taking sides

From the other perspective

When managers mediate, it is important to... 1. Identify _ and _ 2. Uncover _ 3. Establish a _ and _ for discussion 4. Level the _ 5. Open _ channels 6. _ building

Goals and interests Priorities Framework, groundrules Playing field Communication Consensus

Stabilize the Setting 1. _ the parties 2. Indicate where each of them is to _ 3. _ yourself and each party by name 4. Offer _, _ , and _ 5. State the _ of mediation 6. Confirm your _ 7. Get their commitment that only one party at a time will _ 8. Get their commitment to speak directly to _ 9. Get their commitment to _ 10. Use _ as needed

Greet Sit Identify Water, paper and pencil, patience Purpose Neutrality Speak You Proceed Calming techniques

A recent summary of 34 experiments proved that a _ bargaining strategy works best in transactional (price only) situations, especially if direct communication between the parties is limited

Hardline (open high, concede slowly)

What should you do if you know you are negotiating with a nibbler?

Hold something back to give away at the end

BC 1. Should you open? 2. How to open? 3. Concession strategy?

If you have good info Fairly (solid argument) Logrolling, packaging, brainstorm several options

How does the contrast principle apply to optimistic offers?

If you open high, your final offer will look reasonable by comparison

Research suggest that managers who do more mediation as a means of solving problems get more _ incomes that stay in place _ and the parties involved are more _

Integrative Long term Satisfied

If a party has asked for something that may be a deal breaker, don't bring it back up unless they do

Intentional Deletion

Effective Questioning 1. Using _ helps you avoid taking a position 2. Open-ended questions elicit _ 3. Close-ended questions help provide _ 4. Avoid _ questions- lead to defensive responses 5. Ask _ or _ questions- elicit explanation, not defense

Interrogative Info Focus Why How or what

Opening Remarks 1. _ 2. _ of mediation 3. What mediation _ and _ : voluntary, provides you control, confidential 4. Mediator's _ : neutral, facilitator, not a judge 5. Parties' Role 6. Overview of the _ 7. Explain _ : confidential comments, breaks 8. Commitment to _

Intros Goal Is, isn't Role process Caucuses Begin

External control over settlement terms and discussion process

Legal system

Concessions tell the other negotiator you accept the _ of their demands and recognize the need for _ on your part to secure a joint decision

Legitimacy Sacrifice

An optimistic offer doesn't work when... 1. You lack _ 2. The other side won't _ 3. In the _ situation

Leverage Negotiate Balanced concerns (hurts their pride)

_ can account for framing effect

Loss aversion

Before you make an offer, what should you do?

Lower their expectations by saying how it might not be able to meet all of their demands but you wanted to give them a chance before you took it to someone else

The rule of thumb for concessions in integrative bargaining is to

Make big moves on your less important issues and little moves on your important issues Package issues

Facilitation by a 3rd party of the substantially informed consensual management of a dispute

Mediation

Parties control settlement terms External controls discussion process

Mediation

Third party works to facilitate an agreement and controls the process but not the outcome Results in outcome 60-80% of the time

Mediation

Mediation followed by arbitration if no settlement reached Same third party does both

Mediation-Arbitration

Parties control settlement terms and discussion process

Negotiation

Reframing 1. Turn negative statements into _ ones 2. Shift the energy in the statement to create _ rather than letting it stall the negotiation

Neutral Movement

Draft Day showed what?

Nibbling (add in whole teams) Exploding offers- that offer expired a few minutes ago Sweeteners

Neutralizing Language 1. Using _ , _ , _ words 2. Translate an attack into a statement both parties can _

Non-inflammatory, Non-biased, Non-adversarial Negotiate

Why did car dealerships drop their no haggling policies?

Not as many people hated bargaining as they thought People wanted the satisfaction of negotiating a great deal

Rules for Parties 1. Nothing is ever _ 2. Everything is _ - can you do better? 3. Final/no doesn't mean _ - consider context 4. _ is part of the process (yell at each other) 5. Negotiation is 50% _ and 50% _ - explain your proposal 6. Be _ 7. Don't _ , mediate 8. Be _ : negotiations are full of ups and downs 9. _ is in favor of an agreement 10. You don't have to make a _ deal

Off the table Negotiable Final/no Noise Psych, sales Persistent Negotiate Patient Momentum Bad

Bargaining begins when?

One side opens with a concrete and plausible offer

_ explains nibbling

Overcommitment

When making concessions, be careful of _ , like making 2 in a row and the same dollar amount at each time

Patterns

Brainstorming helps explore _ and there should be no _ when generating

Possible solutions Evaluation

Steps of Mediation 1. _ 2. _ : buy in to the process 3. Initial exploration of _ 4. _ of issues and development of _ 5. _ and _ the issues 6. _ 7. Reaching _ 8. _ the agreement

Preparation Opening remarks Perspectives Summary, agenda Probing and framing Problem solving final agreement Writing

Preparation 1. Know your _ 2. Set priorities- separate _ (shorter) vs _ (longer) 3. If it's an ongoing relationship, leave something _ (don't burn bridges)

Principles Gottas, wannas On the table

Suggests that a bargaining proposal framed in terms of what the other negotiator stands to lose if they say no will be more effective

Prospect Theory

Use Prospect Theory to Your Advantage 1. Establish a _ and make what you actually want the bottom 2. Pivot to _ terms 3. Offer things _ to you that may be to them 4. Use _ numbers to make it seem like you did careful research and calculation 5. Respond to a nibble by _

Range Non monetary Unimportant Weird Surprising them w a gift

Help the Parties Communicate 1. Explain the _ for who speaks first 2. Reassure them that both will speak without _ , for as long as is needed 3. Ask the first speaker to tell what has _ : take notes, respond actively, calm as needed, clarify, summarize, thank them both 4. Second speaker: same stuff 5. Ask each party to clarify in turn the _ 6. Inquire into basic issues, probing to see if something may be at the _ of the complaints 7. Define the problem by _ and _ 8. Conduct _ if needed 9. Summarize areas of _ and _ 10. Help the parties set _ on the issues and demands

Rationale Interruption Happened Major issues to be resolved Root Restating, summarizing Private meetings Agreement, disagreement Priorities

A process of devaluing contributions others make

Reactive Devaluation

Optimistic openings allow the person making it to trigger the norm of _ , bc as you make more reasonable concessions, they will make some as well

Reciprocity

Goals of a mediation 1. Build _ , _ and _ 2. Build parties' _ and mutual _ 3. Help people be their _ - articulate, clear, creative, compassionate 4. Shift the focus from _ to _ 5. To help people find their _ , create _ , and make _ 6. To help put the conflict behind them through _ or _ about an issue

Relationship, trust, confidence Self awareness, understanding Best selves Past, future Answers, solutions, choices Reconciliation, decisions

The right tactic or strategy for one situation may not be _ for another situation

Right

Pros of opening

Set the range Anchoring and adjustment effect

Mediators... 1. Maintain control over _ and _ 2. Control _ 3. Allow the parties to be _ 4. Help search for _ solutions 5. Motivate the parties to settle through _ and discussions about the parties' _

Setting, process Emotions Heard Acceptable Reality checks, alternatives (BATNAs)

Momentum is gained by making _ and clearing the table of throwaway proposals

Small agreements

Steps of Mediation 1. _ the setting 2. Help the parties _ 3. Help the parties _ 4. _ their agreement

Stabilize Communicate Negotiate Clarify

What concession strategy is the most successful?

Start high, then gradually concede to moderate

parties' role in mediation 1. _ about your concerns 2. _ to others 3. Willingness to be responsible for thinking about _ 4. Express any _ you have about the mediator's neutrality or ability

Talk Listen Possible Solutions Doubts

What were Patrick Cleary's 5 Similar Patterns he sees in every negotiation?

The process Preparation Basics of Conflict Resolution Negotiation itself Rules (for parties)

Silence gives parties time to _ to create new movement and hands the _ back to the parties

Think Decision

Basics of Conflict Resolution 1. Set the _ - be nice, appreciate honesty 2. Establish _ 3. Ignore _ 4. _ back and _ 5. Don't impute _ 6. Remove from the table issues _ eg. CEO pay in labor disputes

Tone Common ground Rhetoric Repeat, emphasize Bad motives You can't control

Asking Questions in Mediation 1. Be aware of how people interpret your _ and _ 2. Be _ 3. Be _ 4. Be _ 5. Be _ : watch for plausibly-sounding answers 6. Be _

Tone, intensity of words Empathetic Inquiring Respectful Patient Persistent

Each side submits a proposal and the arbitrator chooses a solution he/she finds appropriate

Traditional arbitration

Common Mistakes in Mediation 1. Leave _ between the participants 2. Jump in without talking about the _ 3. Fail to give _ to other party- keep them in check 4. Let party 2 _ rather than present their perspective 5. _ vs. acknowledging an option 6. Not properly _ voice or emotions 7. Going too quickly to interests and not letting them be _ 8. Going too quickly to _ 9. Failing to use _ 10. Misuing _ 11. Not addressing _ comment directed to mediator

Unnecessary space Process Eye contact Rebuttal Endorsing Pacing Heard Solutions Visuals Caucuses Partisan

After the setting is stable, both parties must _ their statements which helps calm their emotions and build a basis for trust between them

Vent

The parties do need to _ and often times need a reality check about the _ of their ideas

Vent Workability

Negotiation Itself 1. Compromise _ for _ and make sure you get the points for doing so 2. Test depth of _ on each issue 3. Take _ view 4. _ counts- avoid artificial deadlines 5. _ : it's the parties' job to find solutions

Wannas for gottas Commitment LT Credibility Brainstorm

Mediators help the parties focus on their interests - _ vs "us and them"

We

Concession devaluation

We tell ourselves their concession isn't worth as much as ours

When should you open?

Well informed about how the other side values the deal You can trust them to look out for you (good relationship) You know the market value as well as or better than they do

Transactional 1. Should you open? 2. How to open? 3. Concession strategy?

When in doubt, don't. But if you have good info, yes Optimistically (presentable argument) Firmness, concede slowly

What happened in The Office clip?

Win-win-win (including Michael the mediator) Makes poster into a t-shirt Oscar wears a few times a week

Tacit Coordination 1. Open? 2. How? 3. Concessions

Yes, avoid conflict Do whatever it takes Accommodation

Advantages to never opening

You can find out what the other side is thinking, especially if you are uninformed or unexperienced Eg. Beatles' manager

Relationships 1. Open? 2. How? 3. Concessions?

yes Generously Accommodation, fair compromise