Exam Flashcards
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.
Separation of individual and problem
Subject Matter -> Level of thinking -> Proper communication
Individual -> Level of Feeling -> Maintenance of Relationship
Checking for Alternatives (main points)
Be aware of all alternatives (for both sides) - in the case negotiations break down.
Know the minor, major and deal breaker points.
Separate subject matter + procedure
Playing w/ tricks vs changing procedure
Have a discussion about the procedure before negotiations
Checklist for a good preparation
Questions in Interests, Possibilities, Criteria, Communication, Relationship, Obligations, Alternatives.
Examples of objectives (tactics/techniques)
- Extreme demands - Disclose tactics or ask about proper
justification. - Additional demands - Disclose tactics or break off
negotiation and consider if and how to proceed - Personal Attacks - Express concern about the situation and ask them to repeat it (won’t happen again)
- The opposite side uses threats - Ignore the threats or consider them to be irrelevant.
Orange Case (set of facts and outcome)
- Set of Facts
- Two girls are fighting over an orange
- Father takes the orange and cuts it in half
- Both girls are still upset - Outcome
- As it turns out, each girl wanted a different part of the orange (fruit for eating and peel for cake)
- Father DID NOT take interests into account
Real Case (set of facts and outcome)
- Set of Facts
Paul negotiating his new position (salary, responsibilities) - Outcome
Based on the previous managers salary and Paul’s personal issue (lives far away from the store)
Hansen Case (set of facts and outcome)
- Set of facts
• Company Polluted the environment against the law, because they had no filter
• CEO tried to convince the board to avoid polluting but they didn’t accept.
• The CEO tried to avoid it but there was no money available, so he omitted the decision and the waters were polluted.
• The government sue the company and the CEO directly. - Legal consequences
Question: Is the CEO responsible?
• Even if you try to change something, you are liable (responsible) for your actions.
• It is not enough to try to avoid the problem, you have to be successful
Outcome: attempts do not count, but the result is the important.
Hansen had 2 possible choices:
- Stop the production of the company
- Resign his job
