What does explicit language create?
Mutual knowledge
What is language? In context to negotiation/conflict management?
Language is a window into human nature
What do inuendos create?
Individual knowledge (not productive)
What are the 2 tasks of language?
- Convey content
2. Negotiate a relationship
What should negotiation focus on?
Fostering relationships
What are the relationships types and how do they relate to the negotiation strategies?
Reciprocity = Harvard method Communality = friends/family (not Harvard) Dominance = Not Harvard
What is NOT the Harvard method?
- Haggling over positions
2. Soft and Hard method (“Good cop, bad cop”)
What is the goals of the Harvard method?
- Satisfy both parties
- Efficiency of approach
- Preserve, maintain and improve relationships between parties
What is the Meta Approach to negotiations?
Common questions, however the answers differ depending on location/culture.
What are the 5 fundamental questions worldwide?
- How do I get the other party to make the concessions necessary to reach my desired end point?
- How should I evaluate the outcome of a negotiation?
- Why did this event occur?
- How do I get the information I need about the other partys interest and priorities without giving up too much information about my own interests, therefor making myself vulnerable.
- How do we manage conflict?
What are the big 5 personality traits?
- Openness (open for emotion, adventure, curious)
- Conscientiousness (aim for achievement, self discipline)
- Extroversion (positive emotions, meeting other people)
- Agreeableness (being compassionate, interested in others)
- Neurotic (emotional stability (negative emotions, depression etc.)
What is the use of the 5 personality traits in negotiation?
To understand who you are negotiating with.
Which area of study does negotiation belong to?
Organizational Behaviour
2 top level ways to deal with conflict
- Reactively (litigation, courts, written warnings)
2. Proactively (mediation/arbitration)
3 ways to solve conflict (and what type are they)
- Litigation (Reactive - not ADR) - binding, public
- Mediation (Proactive - ADR) - non-binding, private, structured
- Arbitration (Proactive - ADR) - binding, private
Types of Mediators
- Substance orientated - similar to “parent-child relationships”. Involved in the entire process - try to push their ideas on the negotiating parties
- Process orientated - Re-establish inter-party discussions, allow advocates to determine what is best for themselves
- Relationship orientated - Encourage participant deliberations and decision making. Try to empower all partis involved.
Advantages/Disadvantages of Mediation?
Advantages
- one on one conversations
- High rate of settlement (over 75%)
- Lower costs
- No loss of face
- Confidential
Disadvantages
- Agreement is not enforceable
- Does not contribute to certainty of justice beyond the case
4 Basic Concepts of the Harvard Method
- Individual + problems are dealt with separately
- Interest not positions are top priority
- Possibilities are developed before decisions are taken
- Results based on objective criteria
The 3 concepts/requirements of man (and linked to Harvard method)
- Thinking -> Interests
- Feeling -> Relations
- Volition -> Positions
Negotiating Model (Stages)
Stage 1: Interests -> Preparation Phase
Stage 2: Possibilities -> Debating Phase
Stage 3: Criteria -> Proposal Phase
Stage 4: Obligations -> Bargaining Phase
Stage 1 (Negotiating model)?
Stage 1: Interests -> Preparation Phase
- small talk - building trust among parties
Stage 2 (Negotiating model)?
Stage 2: Possibilities -> Debating Phase
- creates scope for negotiation, widen and combine interests
Stage 3 (Negotiating model)?
Stage 3: Criteria -> Proposal Phase
- solutions are proposed, brainstorming for bargaining, determine criteria
Stage 4 (Negotiating model)?
Stage 4: Obligations -> Bargaining Phase
- The objective of negotiations, must stick to offer (cannot go back), agreement is found.
