Negotiation final test

What causes intractable negotiations?

1. A negotiation becomes more tractable when it becomes easier to resolve, and intractable when it is more difficult to resolve 2. Intractable conflicts vary along four dimensions: a. Divisiveness b. Intensity c. Pervasiveness d. Complexity

Characteristics of the issues

1. At least three aspects of the issues under discussion can contribute to a difficult to resolve negotiation: a. Value differences b. High stakes distributive bargaining c. risk to human health and safety 2. Negotiations are difficult to resolve to the extent that the process of conflict resolution is characterized by the following dynamics: a. The atmosphere is charged with anger b. Channels of communication, previously used, are now closed or constrained c. The original issues at stake have become blurred and ill-defined and new issues may have been added d. The parties tend to perceive great differences in their positions e. As anger and tension increase, the parties become more locked into their ritual f. Those on the same side tend to view each other favorably

Respond to negotiation mismatch using these tactics:

1. Call them on it 2. Ignore them 3. Respond in kind 4. Offer to change to more productive methods

Managing impasses need to be resolved on three levels:

1. Cognitive resolution- needed to change how the parties view the situation. Cognitive resolution is often difficult to achieve because people tenaciously hang on to beliefs and perceptions in spite of new data to the contrary (how you view something) 2. Emotional resolution- involveschanging how parties feel about the impasse and the other party, as well as reducing the amount of emotional energy they put into the negotiation. Emotional resolution often involves trust rebuilding, forgiveness, and apology (people's feelings toward something) 3. Behavioral resolution- explicitly addresses what people will do in the future and how agreements they make about the future will be realized. Behavioral resolution agreements should specify ways that the parties can stop conflict dynamics, specify reparations,and include mechanisms for instituting new behaviors that prompt resolution

Reducing tension and synchronizing de-escalation

1. Separating the parties- the most common approach is to breakoff face-to-face relations 2. Tension management- a natural by-product of negotiations. Negotiatior should be aware that it is bound to occur, and they should know how to manage it 3. Acknowledge the other's feelings- Active listening- when one party states their views and the other party openly disagrees,the first negotiator often hears the disgreement as more than just disagreement 4. Sychronized de-escalation- The party who desires to de-escalate a conflict initiates the action and he or she decides on some small concession that each sidecould make to signal both sides good faith and desire to de-escalate

Common Enemies

a. Common enemies are a negative form of subordinate goal b. The parties find new motivation to resolve their differences to avoid intervention by a third party or to pool resources to defeat a common enemy

Agreement on rules and procedures

a. Determining a site for a meeting b. setting a formal agenda (what may/ may not be discussed) c. Determining who may attend the meetings d. Setting time limits for individual meetings and for overall negotiation sessions e. Setting procedural rules, who may speak, how long they may speak, how issues will be approached, how facts willl be presented, what support is required f. Folling specific dos and don'ts for behavior

Comparing one's self to others

a. Issues of social comparison reflect the way individuals define who they are. The development of one's social identity is often inextricably linked to the process of comparing ones self to others. b. Parties in conflict tend to fall into a psychological trap called the fundamental attribution error-tending to blame others for their fate when things go wrong, but taking personal credit for their successes; conversely, they tend to see others' successes as due to luck, but failures as due to others' defects and deficiencies

How one defines one's self

a. Many impasses originate because of the way parties define themselves b. Issues of identity are central to many difficult-to-resolve negotiations c. Identity is defined by the way that individuals answer the question who am I

Perceptions of Power

a. Negotiators may believe that they can excercise coercive power to levy costs on the other party or to force that party to accept a settelment that is not in his or her best interest. The effectiveness of sucha tactic clearly depends on the other party's belief that the negotiator has such power and will use it b. Researchers believe that successful negotiationin these situations depends on the prior resolution of social identity issues among the disputing parties

Common expectations

a. Parties can manage the social context by devising ground rules to govern their conflict b. Group covenant is a process for addressing difference, managing expectations, establishing ground rules and so on for moving a group to higher ground. There are six key elements in this process: 1. Establish the need for creating shared expectations 2. Educate and inspire people to create a new covenant that all will agree to follow 3. Begin by envisioning desired outcomes for the future and then develop common ground rules that will enable the group to reach the future 4. Promote full participation by giving a voice in the process 5. Be accountable by honoring the agreements 6. Evaluate, modify, revise, and recommit to these new principles as necessary

Build Trust

a. Strong, constructive bargaining relationships are typically marked by conditions of high trust and low distrust, and are accompanied by low vigilance and low monitoring behaviors between the parties b. The trust produced by successful collaboration- based on enhanced knowledge of the other party and his and her needs- reinforce itself through multiple iterations of bargaining situations

Subordinate goals

a. Subordinate goals are common where both parties desire them and both parties must cooperate to achieve them b.To have a constructive impact on negotiations, subordinate goals must be wanted by both parties and must not be seen as benefitting one or more than the other

Revenge and anger

a. The escalation of conflict through revenge seems to be driven by three factors: 1. An interestin retribution to correct injustice 2. The need to stand up and express one;'s self-worth 3. The wish to deter future instances of iundesirable behavior

Use analogical reasoning

a. The metaphorical process of analogical reasoning (the illustrative use of analogies) provides considerable power to reframe intractable conflict b. Several kinds of analogies may prove useful: 1. Direct analogies, in which the problem is placed or examined in a totally different field of information 2. Fantasy analogies, in which the problem is reinstated in terms of a party's fantasized or wished-for state 3. Personal analogies, in which a party puts herself in the problem situation, attempting to identify with it or emphasize with those in the situation 4. Symbolic analogies in which a different often in graphic image is conjured up to focus attention and provide a starting point for more open discussion

The nature of an impasse

when an impasse exists, the parties are unable to create mutually advantageous deals that satisfy their aspirations and expectations 1. Impasse is not necessarily bad or destructive (although it can be) 2. Impasse does not have to be permanent 3. Impasse can be tactical or genuine 4. Impasse perceptions versus reality

Three strategic levers to help people navigate the shadow negotiation

1. Power moves- designed to bring reluctant bargainers back to the table. There are three kinds of power moves: incentives, pressure tactics, and the use of allies 2. Process moves- designed to alter the negotiation process itself through adjustments to the agenda, sequencing, decision rules, and the like 3. Appreciative moves- designed to break cycles of contentiousness that may have led to deteriorating communication, acrimony or even silence

When dealing with a party with more power:

1. Protect themselves- By keeping in mind that they have real interests that negotiation may be the preferred approach of achieving those interests and that excessive accommodation to the high-power party will not serve them well over a long term 2. Cultivate their BATNA- A low-power negotiator is strengthened to the extent that his or her alternatives improve 3. Formulate a trip wire alert system- Low-power negotiators are advised to formulate a trip wire alert system that serves as an early warning signal when bargaining enters the warning zone close to the walkway option or the BATNA

Enhancing the desirability of options to the other party

1. give the other party a yesable proposal 2. Ask for a different decisions 3. Sweeten the offer rather than intensifying the threat 4. Use legitimacy or objective criteria to evaluate solutions

Six fundamental mistakes that negotiators make that can derail the negotiation process:

1. neglecting the other side's problem 2. too much of a focus on price 3. Positions over interests 4. Too much foccus on common ground 5. Neglecting BATNAs 6. Adjusting perceptions during the negotiation *research suggests that a major reason they are not successful is they fail to manage the shadow negotiation (a negotiation about the negotiation process) *research also suggests that negotiators need to manage the social contract and that they need to respond in a measured way instead of letting their emotions take over

Pervasiveness

Degree to which conflict invades the social and private lives of people

Divisiveness

Degree to which the conflict divides people, such that they are "backed into a corner" and can't escape without losing face

Search for semantic resolution

Discovering how parties attach different meanings to some words and exploring language that can that can accommodate both sides, is another approach to moving beyond an impasse

Improve the accuracy of communication

Ensure that both parties accurately understand the other's position 1. Role reversal- helps negotiators put themselves in the other party's shoesand look at the issue from his or her perspective 2. Imaging- Is a method for gaining insight into the other party's perspective (more complex)

Difficult due to inadequate skill

Including faulty diagnosis of negotiation opportunities

Intensity

Level of participant involvement, emotionality, and commitment in a conflict

Reframe the parties' view of each other

Researcher has provided examples of how frames shape or misshape the ways parties perceive difficult-to-resolve environmental disputes and the processes available for their resolution- suggesting that parties must be able to gain perspective on the dispute

Conflict management styles

Researchers discovered that parties aften prefer to avoid conflict in a number of ways: 1. Aggressive avoidance 2. Passive avoidance 3. Passive aggressive avoidance 4. Avoidance by claiming hopelessness 5. Avoidance through surrogates 6. Avoidance through denial 7. Avoidance through premature problem solving 8. Avoidance by folding

Hard tactics

The distributive tactics that the other party uses in a negotiation to put pressure on negotiators to do something that is not in their best interest

Complexity

The number of issues, the number of parties involved, the level of social systems involved in the conflict, and the degree to which it is impossible to resolve one issue without resolving several others simultaneously

Intentionally Difficult

The result of a clear strategic, behavioral, or philosophical choice by the other party

Managing time constraints and deadlines

a. Time can be a source of power and leverage, but can also be an impediment b. The remedies for tis problem are fairly straightforward: 1. Conduct thorough and open problem diagnosis and issue identification steps so as to identify both parties' motives 2. Address and identify the clearly distributive issues and do so early enough that they will not linger and derail the collaborative process when a deadline approaches 3.Be generous in estimating the time necessary to accomplish the negotiation 4. Recognize tentative deadlines for what they are, reserving the right (if not the obligation) of benchmarking progress against the time allotted and be willing to let both sides sleep on tentative settlements before closing on them 5. Be willing to entertain the possibility of extending the deadline set early in the negotiation

Renegotiation of existing agreements occur in:

a. postdeal negotiation b. intradeal negotiation c. extradeal negotiation (have the largest probability of leading to an impassebeacuse they generally are the result of a large shift in the environment that has a much larger affect on one party than the other)

Characteristics of a negotiation that can lead to an impasse:

a. temporal issues b. relational issues c. cultural issues

Controlling Issues

as conflict intensifies, the size and number of the issues expand Fractionate the negotiation: A method of issue control that involves dividing a large conflict into smaller parts a. Reduce the number of parties on each side b. Control the number of substantive issues involved c. Satet the issues in concrete terms rather than principles d. Restrict the precedents involved, both procedural and substantive e. Search for ways to fractionate the big issues f. Depersonalize issues- separate them from parties advocating them