MGMT 417 Final Review
Changing behaviors not beleifs
- a frame is an overarching theme or context we give to the negotiation - framing has the effect of encouraging or discouraging certain types of interactions and behaviors - how a negotiation is framed will also elevate some issue and deemphasize others - power, rights , interest perspective
Changing behaviors not beliefs
- aspirational frame will most likely lead to cooperative negotiation - think if youd find common ground by zooming in or out - gun safety is zooming out
Decision maker,
- away from the table - can be the bad guy, more cordial - can be a good excuse to slow down the negotiation - may need to keep them away due to emotions
Expert
- closest relationship with the other side - mirze cites an account manager as a good example - this person has invaluable knowledge and relationships not be lead negotiator because they might be to close to the counterpart
How to have a healthy argument
- conflict can be our greatest asset - how to manage conflict productively - good conflict is characterized by flashes of curiosity and understanding - productive if you learn more about the problem, the other person, yourself - engage to understand, not to solve
Additional things to consider
- consider timing implications of BATNAs for the other side - deal before bad info get out - can we create a bidding war - dont hardball if you want a long relationship
Get the No-Deal Options Right
- determine ZOPA and BATNA - improve your BATNA and make theirs worse - views you as willing to pursure your no deal alternative - act with urgency before your BAtNA deteriorates
Transformative mediation
- does not have resloving the dispute as a specific goal - seeks to empower each disputatnt to clarify their goals, gather relevant information from the other side, make sound decisions - focus on improving the quality of interactions - mediator will follow parties inot side issues they want to discuss
Negotiating Reality
- dont be discourages by an inability to find common ground on the facts, seek mutual understanding instead - understand, how they view facts, how they feel the sitation, their goals - affirm that youve understood them and then invite them to hear your perspective - move from relitigating past to future oriented problem solving - do so by making sure your negotiation is interest based not positional - position = why we want, interest = why we want it
Practice session with tsang
- dont rush - lay the groundwork before moving to discussing the most critical terms - build supporting coalitions within your counterparts organization whenever possible - you can cite them as the authorities supporting your asks - stacking persuasions = being attentive to proper sequencing of discussions and coalition building opportunities - asking can hurt if the timing is off
Commander
- flow manager - take good notes - call for breaks - can coordinate input from others at the table
Facilitative mediation
- helps parties communicate better - help parties communicate better - assist each side to understand other perspective - identify, highlight shared interest that might serve as a basis for an agreement - control and direct the conversation - keep parties on topic and discourage introduction of issues not tied to current conflict
Debriefing Notes #5
- johnstons first task to to display role and responsibility - judge and mediator, but you want a safe atmosphere and a long term good work environment - tell abrams to tell eldon, tell eldon to let him take care of it
Mastering Self control in difficult conversation
- learn to recognize your own tells for when you are becoming emotional - acknowledge and label it for the other side - most dangerous when you fail to recognize it - you must be comfortable with slowing down and pausing - pause and take notes - go low and slow, if not more succeptible to mistakes - PREP
Keys to be successful as a judge and mediator
- meet with each disputant individually - collect all facts relevant to dispute - collect info about the relationship - summarize your understanding and perspective (invite response - set ground rules for upcoming meeting and explain your role/responsibilities
Lead Negotiator
- most of the questioning, presentation of points - achieve the strategy developed by the team, using general tactical outlin agreed upon by the team - should ask for breaks to confer before making any major concessions
How to have a healthy argument (Looping)
- most people seek in conflict is to be heard 1) Paraphrase back 2) ask if you've got it right - Every conflict has an understory that you should try to unearth - disputants who feel heard admit doubt and listen more
Perspectives
- power and rights based negotiation often go together - a negotiator who views the negotiation as about rights power normally engages in positional negotiation - interest based explore the possibility of an agreement where all critical needs are met
Modes of communication
- same message can be experienced differently through different channels - different social bandwidth - "the ability of a channgel to carry and convey social clues" - face to face has highest - texting has lowest - mix and match
Myth 3 getting to yes starts with yeses
- sometimes inviting and respecting noes builds trust better than extracting a series of manipulative yeses - finding out the other parties boundaries and what they dont want is useful - employ strategic vulnerability (emphasize they can walk away at any time)
Guidelines for getting the interests right
- sort your own must have bersus nice to have interests - dont neglect intangible interests - try to avoid leading with each sides position - dont conflate positions with broader interests - surface interests by getting to the why of a position
Myth 1: Win Win negotiation
- the problem is that is implies that no deal= losing - someone with a win win mindset assumes a deal should be made, both sides should leave happy, - Tsang views dealmaking as the wrong goal instead focus on investigating mission alignment - invest in being a detective - reaching no deal is better than reaching a bad deal
Negotiating conflict
- to ensure a good process for resolving conflicts you should negotiate the prcess in advance - once a heated conflict has erupted a party who wants a particular outcome will not seek the best process - seek the process most likely to achieve its preferred outcome even if severely flawed
Evaluative Mediation
- useful for legal disputes - mediator is the expert in the room - highly interventionist - mediator will volunteer opinions and assessment's and will not hesitate with come to Jesus side talks mediator will push for settlement and may resort to proposing a settlement to both sides.
Buzz
- what transformative mediation techniques does Johnathan Goldstein use - technique 1: assist each party in defining and refining their goals - technique 2 - gather relevant information from each side re: their perspective, to share with the other increase understanding - Technique 3 : help the parties make sound decision they find empowering
Myth # 2 Trust is Essential
- you can negotiation without trust - trust but verify , build in mechanisms - raises transaction costs, the goal is to push those costs on the other side as much as possible
Types of frames
1. Substantive 2. Outcome-oriented 3. Aspiration 4. Process-oriented 5. Identity-based 6. Characterization 7. Loss-Gain
Debriefing Questions #5
2) I believe it is unfair due to the quickness in which it was implemented as well as the implications it can have in scenarios such as the one presented. I also believe it is unfair because in some scenarios the drugs could be taken outside of work and not have any effect on the individuals performance but still effect the workers employment. The testing is to set examples rather than be a safety net type operation. 3) For the negotiation I do not think it matters if the policy is fair, mostly for DeAngelo, because his job may just be on the line as well. There is certain actions you can take to mitigate the unfairness however, I do think that since DeAngelo has all of the power his interests are more on the forefront of the negotiation. 5) I believe that if possible, either Hague, Tromp, or both should be brought to discussion. They should be approached together to show that the drug test system may be faulty and that there should be a more humane way about conducting these actions.
Which of the following was one key take-away from our debriefing sessions on the workplace conflict simulations?
A negotiator may be able to lead their counterparts toward a mutually beneficial outcome by asking questions to help them better appreciate their own long-term interests.
In resolving a workplace dispute between subordinates, a supervisor plays which of the following roles?
A role that combines elements of judging (deciding) and mediating.
In the Federated Science Fund simulation, United Industries (the lowest-power negotiator) would be best served if which of the following frames were adopted?
An aspirational frame.
When negotiating the Gun Safety Bill, which of the following frames did Senator Chris Murphy employ with good success to help the negotiators find common ground to build on?
An aspirational frame.
A mediator using which of the following approaches would be most likely to offer their opinion to the parties about how they should settle their dispute (i.e., to propose terms of settlement)?
An evaluative approach.
When negotiating with local police forces over procedures designed to reduce police shootings, Phillip Atiba Goff relates that he has had the greatest success by:
Emphasizing an outcome-oriented frame that focuses on reducing the number of shootings and tragic mistakes.
Which type of mediation approach is most likely to result in the mediator presenting their settlement proposal to the parties
Evaluative Mediation
Which type of mediation approach is used extensively in negotiating the settlement of legal disputes
Evaluative mediation
Ture or False? For the Drug-Testing Program simulation, a strong argument for Barris is that it is unlawful for an employer to fire an employee for testing positive for marijuana in a state where marijuana has been legalized.
False
True or False? According to the "Negotiating Reality" podcast episode assigned for this class, a common understanding of certain fundamental facts is essential to make progress toward resolving a dispute.
False.
How to keep conflict from spiraling
H:Hedge E: Emphasive agreement A: Acknowledge R: Reframe
Which of the following reasons does Allan Tsang cite for why he dislikes the term "win-win" negotiating?
He believes the phrase distracts from the true question of whether the two parties can align their respective missions. He believes the "win-win" mindset creates undue pressure to reach a deal, since it assumes that both parties should leave the negotiation happy. Tsang believes that effective negotiation is all about compromise, a reality that neither "win-win" nor "win-lose" frames capture. Answers (a) and (b) are correct, but not answer (c).
In which of the following ways can a mediator constructively contribute to the negotiation process?
Identifying and clearing up misunderstandings. Helping the parties identify key common interests. Serving as an "agent of reality." All of the above.
Which of the following guidelines should a supervisor follow in handling a workplace dispute between subordinates?
Meet with each of the disputants separately before convening a joint meeting. Explain that their decision-making authority is constrained by their obligation to do what is in the company's best interests. Set basic ground rules for respectful communication. All of the above.
In the Federated Science Fund simulation, if one of the other teams proposes at the outset to caucus with the third team without your team of negotiators present, what is a good response?
Politely insist that the parties first meet together to discuss their respective visions for a prospective three-team partnership, before any two-party caucuses occur.
Which of the following negotiation frames commonly go hand-in-hand?
Power- and rights-based approaches.
Get all the interests right
Questions 1. Have you thoroughly mapped the interests ofeach party in the negotiation (including yours)? 2. Is the price term "bulldozing" important intangible interests like perceived fairness and good process?3. Are the parties falling into common psychological traps like: fixed-pie mentality;confirmation bias; self-serving interpretation?4. Have you conflated positions and interests?
In their "practice session," why does Allan Tsang quickly end his simulated negotiation with the procurement manager (played by Kwame Christian)?
So that he can better sequence his negotiations with the customer. So that he can obtain critical information regarding the value of his company's product to the customer before negotiating over pricing. So that he can potentially build a coalition that includes important partners within the procurement manager's own organization. All of the above.
You can successfully do business with parties you don't trust, but the transaction costs will likely be higher.
Starting the negotiation by posing multiple questions to which the obvious answer is "yes," to condition the other side to say "yes" and thereby build momentum towards a deal.
Regarding the "FBI Team Model" of negotiation, which of the following members of the typical FBI negotiation team would NOT be present "at the table" for discussions with the team's negotiation counterpart?
The decisionmaker.
When an attorney serves as a mediator for a dispute between two parties, but a third party who is not a party to the dispute pays for the attorney's services, the attorney has an ethical obligation to act in best interests of which of the following parties?
The parties to the dispute (i.e., the two parties to the mediation).
The debriefing notes for the Drug-Testing Program simulation suggest that DeAngelo's boss (General Hague) would be most likely to accept which of the following arguments for modifying the current policy to make it fairer?
The policy should be modified to create a higher threshold for "positive" results because it's unfair to discipline employees for unintentional, secondhand exposure.
When engaging in conflict, Amanda Ripley seeks a better understanding of which of the following?
The problem. The other person. Herself. Any of the above.
Debriefing Notes #7
The simulation presents a tension between an allocation based purely on power levels (e.g, resources, relative lack of need), versus one based on distribution norms like fairness, need, or the greater good of humanity - wants an aspirational framework united takes the lead and prolongs talking about funds all you can do it adapt best as you can negotiation interest does not need to be objective or tangible to be valid 1) principle and precedent don't show people your a pushover or work with people who disrespect you
What is a negotiator's main task when the cost of no deal is relatively low because their side has (or at least could reasonably explore) other viable options if they do not reach an agreement with their counterparts?
To investigate whether their side's missions, values, and vision can be productively aligned with their counterpart's mission, values, and vision.
True or False? A primary task of the "commander" on an FBI-style negotiation team is to call for breaks as appropriate.
True
True or False? The best practice for a supervisor in attempting to resolve a workplace dispute between subordinates is to blend aspects of the transformative and evaluative approaches to mediation.
True
True or False? In a "coalition" negotiation, like the Federated Science Fund simulation, a "middle-power" negotiator like Turbo Enterprises is rarely excluded from any coalition
True.
Which of the following is true, according to Allan Tsang?
You can successfully do business with parties you don't trust, but the transaction costs will likely be higher.
A lesson of the Drug-Testing Program simulation is that:
You may be able to negotiate a more effective agreement by bringing additional parties into the negotiation who are not participants in the initial discussion.
Appreciative moves
demonstrate appreciation for another concerns situations or face 1) help others save face 2) keep the dialogue going 3) Soliciting new perspectives
True or False? Negotiations that are framed in more abstract, symbolic terms always provide more opportunity to find common ground than negotiations that are framed as being directed toward solving specific problems.
false
True or False? To effectively employ the technique of "looping," all you have to do is accurately paraphrase back what the other party to the dispute has just said to you.
false
True or False? To ensure consistency and lessen the potential for confusion, a negotiator should choose one medium of communication (e.g., telephone or email) and stick to it over the course of a negotiation, rather than using different channels of communication tactically at different points in the negotiation.
false
True or False? Under the transformative mediation philosophy, the particular outcome of the mediation must be considered in assessing whether mutual recognition has been achieved.
false
Process Moves
focus on influencing the agenda and the sequence in which different ideas and people are heard 1) seeding ideas early 2) reframing the process (try to push towards a common goal 3) build concensus
Power moves
foster the perception of mutual need 1) offering incentives 2) using pressure leveres (put a price on status quo) 3) enlisting allies
Get the parties right
i) what high value potential parties can we include 2) who are the interested stakeholders who might protest or block the deal 3) are there internal division within our negotiation counterparts 4) Have we received appropriate input from those who will have to implement the deal
According to the transformative mediation approach empowerment is defined as
increasing the skills of both sides to make better decisions for themselves
Traditionally, the techniques employed in transformative mediation have been viewed as most appropriate of which of the following conflicts
interpersonal conflicts
DEBRIEFING NOTES 9 - AT YOUR SERVICE (PARTS 1 & 2)
investigate missions and values, sometime persuading the other side to reach a mutually acceptable arrangement
Which of the following is true for transformative mediation
it seeks the empowerment and mutual recognition of the parties involved in the conflict
DEBRIEFING NOTES - SIM. #8 (Quickstop Mall)
mediator may have a conflict of interest by being paid by the mall, might tell them to fix the wall, but hesistate cuz they pay the bills acknowledge emotions and identify key needs acknowledge emotions without passing judgement - mediator can use the parties common and similar interests as the foundation for a potential agreement What does a mediator add to the negotiation process? Per the author, a mediator can: Provide a safe setting for the parties to explore settlement options Identify and clear up misunderstandings (see: incense vs. marijuana) Identify key issues and interests (and where they overlap) Acknowledge emotions Serve as an agent of reality (see: evaluative mediation approach)
positions
negotiators stands on issues
When trying to convince another party that it is in their interest to negotiate with you, the technique of called "putting a price on the status quo" would fall under the category of a:
power move
Surfacing interests
the best negotiators are good at getting behind a party's position to reveal their underlying interests
Which of the following team members on an FBI-style negotiation team typically has the closest relationship with the other side?
the expert
Issues
things up for direct discussion
True or False? Disputants who feel heard are more likely to admit doubt and listen to the other party to the conflict.
true
True or False? If the Drug-Testing Program simulation were a real-life scenario, Barris (who tested positive) would have been better served by meeting separately with Lynch (the "swing" negotiator) before meeting with DeAngelo (the decisionmaker).
true
True or False? In the Drug-Testing Program simulation, DeAngelo could increase the prospect of an agreement acceptable to Barris, Lynch, and DeAngelo, while decreasing the potential of negative career consequences for themself, by tactfully alerting General Hague to issues with the policy.
true
True or False? Sometimes reframing a negotiation issue -- i.e., recharacterizing a payment in the same amount as "child support" instead of "alimony" -- can break a negotiation impasse even if neither side provides a substantive concession along with the relabeling.
true
Interests
what the parties care about with respect to the issues
At your service
when the cost of no deal is low, expoore visions and values - good investigator - start a conflict negotiation by talking about rights - you need to understand their perspective they need to understand yours - move towards an interest based focus after - summarize points you will not agree on - state common interests -
Fundamentals of team negotiation
1) lead negotiator 2) commander 3) expert 4) decision maker - write the others victory speech - they can relay how well they did - feels good are most likely to follow through - dont reveal your resistance point
Benefits to writing
1) more articulate 2) less susceptible to misinterpretation 3) it is harder to bully in writing
Drug testing
1) negotiating implementation of a problematic policy 2) how to manage conflicts in a negotiators short-term and long term interests 3) the importance of sequencing discussions 4) understanding the role of psychological negotiation
Quick stop mall
1) problem solving vs relational mediation and when to blend the two 2) when and how to use shuttle techniques 3) how to acknowledge emotions without taking sides or adopting the complaining party's perspective 4) the importance of psychological interests and finding common ground 5) identifying and addressing conflicts of interest
Three Levels of negotiation
1) setup 2) deal design 3)tactics;
Agents as negotiators
1) trust tends to lead to better negotiation outcomes 2) negotiators acting in an agency capacity (representing others) tend to be less trusting
Debriefing Questions #5
1) Have a first successful project that does not alert nationals for a need to intervene, this involves him being more involved within the project itself and striving for better communication. He wants the government to trust him and his team to create and finish projects, this is a very prestigious first project and could mean a lot for his reputation and the clients willingness to work with them in the future. Finally he wants better communication between the liaison for the client and the programmers to the project. This comes from a lack of experience managing and understanding what it means to intervene properly 2) Eldon would like to prove that he can be a successful project liaison and provide the correct necessities to programmers in order to maintain and assist his career. Eldon wants better communication between him and Abram so that he doesn't have to sneak around just to know if the project is to the correct standards and on time. He finally wants to make sure the government is happy with the project that he was assigned to look over for them. In this regard he wants them to get exactly what they ordered rather than have the design for programming be up in the air. 3) Abrams would like for there to be better communications from Johnston in order to make sure that the project is running accordingly rather than have to go through Eldon for every check in He would also like to provide the clients the best possible product, especially since his name is attached to said product. Finally he would like to be clued into the decision making process more regarding the attributes of the pitch being given to the client, either for pride or reputation reasons. 4) making the client happy
Debriefing questions 8
1) I believe that management should be apart of the negotiation because they would be able to amend the issues with the building and approve any changes on the dividing wall. I believe that the best way to approach them would be to tell them that an agreement can be arranged however it requires the owners of the building to fix an issue that was caused due to business confliction and a poorly implemented wall. 2) The mediators clients in this scenario is the mall owners, meaning the mediator could have some conflicts of interest. Mostly coming from pushing to create a deal in order to show the mall owners that they have offer a good service, this could create a moment where the mediator doesn't see the best deal in order to just make A deal. This can be worked around by the mediator setting an agenda for the deal, and if all parts arent gotten to or dealt with the conversation wont end unless something bad happens. 3) I think that this can start at first, getting each sides opinion, however I think that over time when some questions like 'would this work for you as as deal' are answered they can move towards having direct conversation.
Debriefing Notes #6
1) Is the policy fair? Does it matter? One arguable unfairness is unwarranted intrusion on the privacy of employees who do not really need to be tested. But is Hague likely to view this as "unfair"? A separate unfairness stems from the fact that the testing "does not set tolerance levels," meaning that "trace levels" can equal a "positive." Trim it back so that fewer employees are tested; or Increase the threshold so that passive (accidental) inhalation cannot cause a "positive." 2) Who needed to be brought into this discussion? Why? General Hague and possibly Tromp. They need to be alerted to the on-the-ground implementation issues. 3) How should they be brought into the discussion? Having DeAngelo and Lynch ally to approach them jointly strikes me as the most promising approach. 4) Would DeAngelo's interests be damaged by strict implementation of the policy? Yes, if they don't alert Hague/Tromp to issues w/ the policy, they will be blamed for any negative fallout.
Managing emotions
1) Listening to the other side emote is a no cost activity that can lead to more rational negotiation 2) rank the issues emotionally and start with the least emotionally fraught 3) if your client is too emotional to negotiate rationall and you trust the other negotiator consider explaining this to them
Debriefing Questions #7
1) Not all of the same teams want the same framing. United was looking for a more aspirational frame, as they didnt have the tenior or the power to throw their weight around with resources so they were banking on the 'vision' for their company and what a partnership would mean. 2) I think that both Turbo and Stockman can potentially anchor, mostly because they have the most power, but United should not. This is because while they do need the most money, asking for that amount before the they have a change to sell their company could signal to a caucus from the other companies. However in my situation while we did anchor, it was after the rest. 3) I think a good resistance point can be set in the cost to effort ratio in thought. Meaning that if you dont get a lot out of the deal, less effort, and some gain can be found. If there is no future earnings associated with a small amount of money and a poor partnership it may not be worth a deal.
Federated science fund
1) When pitching a vision is key to successful negotiation (aspirational framework) 2) embracing awkwardness to avoid being elbowed out 3) the importance of defining fairness and discussing process before divvying spoils 4) Setting resistance points when something is better than nothing
Amanda Simulation primary concepts
1) a supervisors tough judge/mediator role and how to blend mediation techniques to manage it 2) the constructive role of conflict in the workplace when managed effectively 3) How to assert authority without provoking resentment 4) Introduction to interest mapping approach
Sequence and process right
1) build alliances of yeses before tackling largest mtter? 2) should we enlist help 3) should we aim to land on the DAD (decide announce defend) or the FC (full concensus) spectrum 4) how should we frame 5)should all parties meet or use an intermediary 6) how should we structure our negotiation team 7) should theses negotiations occur privately 8)should we decide upon dispute resolution mechanisms and procedures in advance (best solved in advance) 9) shouldwe seek assistance from a neutral third party
Why use agents
1) expertise 2) objectivity 3) time (opportunity costs)
Three main approaches to mediation`
1) facilitative (problem solving) 2) evaluative (problem solving) 3) Transformative
the setup
1) get all the parties right 2) Get all the interests right 3) get the no deal options right 4) get the sequence and process right
