Villanova Program:Negotiation and the Gulf

Prof. E. Van Genderen

Barriers to Negotiation

1. Your reaction2. Their emotions3. Their position4. Their distrust5. Their power

Breakthrough Negotiation Strategy Sailing analogy

Indirect action – against your natural reactions

Change the game

Creativity is vital – the Camel parable

Sequence of Steps

Sequence is important

Steps 1 ‘Don’t React’ and 2 ‘Step to Their Side’ (atmosphere)

Step 3 ‘Reframe’ (uncovers issues) Step 4 ‘Build them a Golden Bridge’

(channeling) Step 5 ‘Use Power to Educate”

(Demonstrate the need for cooperation)

Preparation

Prepare, prepare, prepare Lord Caradon ‘What is it that we

want to leave the village tonight having achieved?’

‘Have we achieve what we set out to achieve?’

Strategy > prepare > assess > prepare

Preparation TIME and how it is viewed in the Gulf vs. the US

Relationships and trust

Hierarchy and where you fit into ‘the big picture’

Positions vs. interests

Interests

Negotiation is the result of conflict

Your position is what you want

Your interests are the reasons behind your position

Interests (continued)

Know your interests!

If you don’t know what is important to you, it won’t be satisfied by others

Rank-order your interests.

Try to know their interests.

Perceptions

The Power of Perception: ‘Unless you understand the other side’s

perspectives, you will never be very good at making deals or settling disputes.’

Of critical importance: ‘Put yourself in the other side’s shoes.’

Find out as much as you can about the other side’s personality, current situation, etc.

Options

Interests > options > agreements

Options bring opportunity

Generate many options

Options ‘expand the pie.’

‘First create, then evaluate.’

Use a Yardstick

Standards act as established, objective, and independent measurements

Common standards incl.: market rates, the law, fairness, ethics and morals, scientific criteria, technical standards, norms and precedence, etc.

Standards help us ‘divide the pie.’

Alternatives

Enter negotiations with alternatives

Know your BATNA

BATNA = Best Alternative To not reaching an Agreement

Your BATNA is your ‘walk away’ plan.

Identifying Your BATNA

Negotiation power and BATNA Your BATNA is your basic measuring

stick for any agreement

1. What can you do on your own to satisfy your interests?

2. What can you do directly to the other side to make them respect your interests?

3. Resort to a third party

Proposals

A good proposal needs to satisfy:

1. Your interests; better than your BATNA, and

2. Their interests better than you believe their BATNA to be; and

3. Should be based on fair standards

Proposals (continued)

An option viz a proposal (commitment)

You should have 3 proposals in mind:

1. Your best case proposal2. A less-than-perfect but proposal3. Your ‘bottom line’; which should be at

least slightly better than your BATNA4. Prepare! Rehearse! Get feedback!

Don’t React; Go to the Balcony ‘Action provokes reaction and

reaction provokes counteraction.’

Natural behavior – react without thinking

3 Common reactions

Reaction 1: Striking Back Sometimes it works – more often than not,

it serves to justify their position and tactic

Keep in mind your interests and relationships

Change to a game you know well – their game suits them – not you

Playing ‘hardball’ damages relationships

Giving In

The opposite to striking back…

Pressure

Guilt

Coercion

Unsatisfactory agreements

Giving In (continued)

It rewards the wrong side

It sets precedence, and creates impressions and reputations (weakness)

‘An appeaser is one who believes if you keep throwing steaks to a tiger, the tiger will eventually turn vegetarian.’

Breaking Off

Breaking off a relationship

Can be a costly strategy

Avoidance can be a powerful strategy – for a time.

‘One who always breaks off goes nowhere, because they are always starting over.’

The Dangers of Reacting

Iranian hostage crisis (1979-1981)

Reacting distorts our power of reason, our mental balance, and our focus

Democratic viz non-democratic nations

The other side gains power in relation to its ability to make you react.

Go to the Balcony

You have unilateral power…

When you are under pressure or attack – get objectivity.

Detach mentally

Keep your eye on your objective

Call Their Tactic

There are 3 categories of tactics:

1. Stone Walls

2. Attacks

3. Tricks

Neutralize the Tactic

Call the Tactic

‘Good Cop, Bad Cop’

Lies are the most difficult

Look for mismatch, look for inconsistencies

Know Your Hot Buttons

Their power comes from their ability to make you react.

Be in touch with your body

Criticism Guilt Confrontation Fear

Buy Time

Pause

Take a Break

Thomas Jefferson ‘When angry…”

Dealing with rage: Imagine the person is simply having a tantrum

Don’t accept ownership

Buy Time (continued) Say nothing

Rewind the tape

Take a time-out

Don’t make important decisions on the spot

Get what you want (don’t get mad or even).

Partners; Step to Their Side Reasoning with unreceptive

individuals

Disarm the other side

Going to the balcony viz Stepping to their side

Mental balance

Surprise!

Do the opposite of what they expect.

Stonewalling > pressure

Attacking > resisting or counterattacking

1. Listening2. Acknowledging3. Agreeing

Listen ‘Actively’

Patience and self-discipline

It offers a ‘window’ into their mind

Angry people want to voice their frustrations.

‘Spouting off’ > more balance > openness to problem-solving

Paraphrasing and Corrections The other side wants to be listened

to and heard.

Sum up what you understand the other side has said.

Satisfaction for the other side

Acknowledge Acknowledge their point(s).

Listen > acknowledge

Acknowledging is not necessarily agreeing!

Acknowledge the validity of their perspective > neutralize the emotional charge.

Former US Defense Secretary McNamara

Acknowledge (cont.)

Acknowledge their feelings.

Don’t ignore emotions:

Stonewalling > fear

Attacking > anger, frustration, resentment, distrust

* Be sincere.

Apologize

*Apologies are acknowledgements.

Example: Columbia law professor

The power of apology:

‘I am really sorry for this mess.’

‘I apologize if my decision effected you unfavorably.’

Agree – Don’t Concede

Listen > acknowledge > agree

Agree whenever possible.

Find common ground.

Example: the US Senator

Humor

Humor breaks ice.

Example: Charity worker

• Think of a ‘yes’ as being a point or a vote in your favor.

• Use ‘yeses’ and collect ‘yeses’.

Direct Acknowledgement

Example: Anwar Sadat, Arab-Israeli relations (1977)

Cognitive dissonance

Acknowledging them does not mean supporting their behavior!

Authority and competence

More Tactics

Ego stroking

Relationship building

Express your views – don’t provoke.

Change your mindset; either/or > both/and.

Don’t say ‘but’…(irritators) ‘I’ statements viz ‘you’ statements.

Climate Control

Acknowledgement defuses hostility, anger, resentment, distrust, etc.

Listen > acknowledge > agree1. Their point2. Their emotions3. Them as people

*Step to their side

Reframe

Change the game from positions to interests.

Ask ‘why?’

Why do you want that?

Example: Gromyko and Biden (1979)

Problem-solving Questions Tell them about the problem.

Let the problem ‘teach them’.

Problem-solving questions:

1. Focuses attention on both sides’ interests;

2. The options for satisfying them; and3. The standards of fairness

Ask ‘Why?’

Why is it that you want…?

What is the problem?

Help me to see why this is so important.

You seem to feel pretty strongly about this…

Ask ‘Why not?’

Why not do it this way?

What would be wrong with the following approach?’

Correct me if I am wrong but…

Perhaps you view the situation like this…

Ask ‘What if…?’

What ifs lead to options.

Options lead to proposals.

Proposals lead to agreements.

Example: Project fixed budget

Ask for advice

Turn the negotiation into a brainstorming session i.e., Gramyko and Biden

What would you suggest that I do?

What would you do if you were I?

*Through partnering, they take part ownership

Reframe Tactics

Getting around ‘stone walls’:

1. Ignore

2. Reinterpret

3. Test

Reframe Tactics (continued) Deflecting attacks:1. Ignore the attack

2. Reframe attack from you to problem.

3. Reframe a personal attack as friendly i.e., Warlord and General

4. Reframe from past wrong to future remedy.

Joint Problem-solving

Change your language.

Instead of ‘you’ and ‘I’…’we’

The ‘Turning Point’ comes when you change the game. Positional Bargaining > Joint Problem-solving (Interests).

*Reframing = redirecting what the other side says against the problem.

Reaching Agreement

Build them a ‘Golden Bridge’.

Main obstacles to agreement:

1. Not their idea2. Unmet interest(s)3. Fear of losing face4. Too much too fast

Build them a ‘Golden Bridge’ Don’t push them toward agreement.

Reframe a path from their position to a mutual solution.

Example: S. Spielberg

Mediate your own agreement; start from where they are (not where you are).

Tactics

Involve the other side; ask for their ideas.

Ask for their constructive criticism.

Satisfy unmet interests; example: Campbell’s soup and restaurant chain.

Don’t assume a ‘fixed pie’; look for low-cost high-value trades.

Help them save face

Kennedy and Khrushchev

Help write their ‘victory speech’.

Go slow – to go fast.

Build them a ‘Golden Bridge’ from their position to a mutual agreement.

Use Power to Educate

Use power to make it easier for them to say yes. Whilst at the same time, making it difficult for them to say no.

No agreement at this point is usually because they believe their BATNA is superior to your Golden Bridge.

Let them know the consequences What do you think will happen if we

don’t agree?

What do you think I will do?

What will you do?

Consequences (continued) Demonstrate your BATNA. Example: Strikes in Japan

The power of a third party

Remind the other side of the Golden Bridge; give them a way out > back off > let them choose.

The 5 steps to Breakthrough Negotiating

1. Don’t React

2. Step to Their Side

3. Reframe

4. Build Them a ‘Golden Bridge’.

5. Use Power to Educate (not escalate)

Group Activity

What is Saddam’s position?What is the Kuwaiti position?What are Saddam’s interests?What are the Kuwaiti interests?What is Saddam’s BATNA?What is the Kuwaiti’s BATNA?How realistic is Saddam’s perspective of

the situation?What do you think about Saddam’s

decision not to accept the concessions?