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The Program on Negotiation is pleased to present:
A Common Ground Approach
to Societal Conflict Resolution
with
John Marks
President and Founder of Search for Common Ground
and
Susan Collin Marks
Senior Vice President of Search for Common Ground
Monday, October 15th, 2012
12 p.m. – 1 p.m.
Wasserstein 2004
Harvard Law School Campus
Please bring your own lunch; soft drinks and cookies will be
The Harvard Negotiation & Mediation Clinical Program (HNMCP) is nominated for an Innovating Justice Award for its proposal, “Retooling Legal Education and Dispute Systems Designers.”
In negotiation, different types of reputations serve different purposes. When you’re haggling over just one issue, such as the price of a used car or a computer installation, one party’s win is typically the other’s party’s loss. In such distributive negotiations, where each party is trying to claim the biggest piece of a fixed pie, having a reputation as a tough bargainer can be an effective means of undermining a competitor’s confidence and power.
Negotiations for a new collective bargaining agreement (CBA) between the National Hockey League Player’s Association (NHLPA) and the NHL’s team owners took a tumultuous turn in mid-August, a month before the current agreement’s looming expiration date of September 15.
Great Negotiator Award recipient for 2002, Lakhdar Brahimi, is traveling to Damascus within the next couple of days to attempt to mediate the escalating conflict between Syrian President Bashar al-Assad and more than 30 different opposition groups. Describing his mission as “nearly impossible,” Ambassador Brahimi stressed the need for the international community to display unity in grappling with the Syrian crisis.
In negotiation over a limited pool of resources, conflicts often spring up over what constitutes a fair agreement. If two business partners are going their separate ways, they might have different ideas about how their shared assets should be divided, for example. Currently, such a dispute is playing out between China and four of its Southeast Asian neighbors over claims to the South China Sea. According to a report issued by the research organization International Crisis Group (ICG), recapped by Jane Perlez in the New York Times in late July, the disputes have reached an impasse that could lead to an open conflict.
You’ve found a beautiful condo that you’d like to call your own. You conduct a thorough assessment of its value and identify several other appealing properties in the same neighborhood and price range. Believing you’ve found the magic bid, you phone your real-estate agent.
An energy boom has hit the rural counties of the upper Ohio River Valley, resulting in a flood of investment in mineral leasing that is revitalizing economies and creating newfound prosperity for many landowners, Keith Schneider reported in the New York Times on June 4.
Past Negotiation articles have highlighted many of the cognitive biases likely to confront negotiators. Work by researchers Russell B. Korobkin of UCLA and Chris P. Guthrie of Vanderbilt University suggests how to turn knowledge of four specific biases into tools of persuasion.
In past issues of Negotiation, we’ve reviewed the anchoring effect – the tendency for negotiators to be overly influenced by the other side’s opening bid, however arbitrary. When your opponent makes an inappropriate bid on your house, you’re nonetheless likely to begin searching for data that confirms the anchor’s viability. This testing is likely to affect your judgment – to the other party’s advantage.
Psychologists Amos Tversky and Daniel Kahneman identified the anchoring effect in 1974. Participants watched a roulette wheel that, unknown to them, was rigged to stop at either 10 or 65, the estimated the number of African countries belonging to the United Nations. For half of the participants, the roulette wheel stopped on 10. They gave a median estimate of 25 countries. For the other half, the wheel stopped on 65. Their median estimate was 45 countries. The random anchors dramatically affected judgment.
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