As one of the Òseven elements,Ó relationship refers to the relationship a negotiator has or wants with other parties. This may include his or her relationship both with those across the table and with anyone else who might affect the negotiation or be affected by the negotiatorÕs reputation. The conduct and outcome of a negotiation have the potential to either damage or strengthen a relationship. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 282)
The following items are tagged relationship.
Sometimes negotiators get off on the wrong foot. Maybe you and your partner had a different understanding of your meeting time, or one of you makes a statement that the other misinterprets. Such awkward moves at the beginning of an interaction can lead one party to question the other side’s motives.
In a recent article, Robert Lount, Chen-Bo Zhong, J. Keith Murnighan, and Niro Sivanathan, all of the Kellogg School of Management at Northwestern University, examined trust building in negotiation.
The Obama administration’s powers of diplomacy were put to the test in recent weeks when Chinese dissident Chen Guangcheng made a dramatic escape from house arrest to the U.S. Embassy in Beijing on the eve of the United States’ and China’s annual negotiations on strategic and economic issues.
Negotiations between U.S. and Chinese officials involving Chen’s fate were conducted under top secrecy, at the Chinese government’s insistence. “Face is more important in Asian society than any contract,” one senior American official told the Times, emphasizing China’s need to keep the sensitive negotiations under wraps.
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route?
The answer is “sometimes,” according to a comprehensive study of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. Settlement rates in these programs varied widely, ranging from 27% to 63%. In some programs, the percentage of settlements was higher than in nonmediated cases; in other programs, there was no difference. Several other studies have indicated higher compliance with mediated agreements than with court orders (though they found no significant difference between mediated agreements and privately negotiated settlements).
How is it that mediators – who themselves lack any power to impose a solution – nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill.
According to a recent survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques and tactics.
I want to make four simple points regarding corporate social responsibility and mineral extraction in Colombia. I presented these ideas several weeks ago at a Harvard Law School seminar sponsored by the Colombian government. We had senior officials present along with a great many Colombian graduate students studying at Boston-area schools. I think these prescriptions apply globally, but they are especially relevant in Latin America.
Corporate Social Responsibility (CSR) provides a new point of entry for those concerned about the social and environmental impacts of mineral extraction.
I was recently asked by my Harvard Law School class to summarize what we know (from actual experience) about environmental dispute resolution. I offered the following list. I’m eager to hear reactions from other scholars and practitioners.
What have I left out? What have I misstated?
Some scientists have long tried to identify the key drivers of success in resolving disputes. Several factors have been proposed: individualized contact that goes beyond the superficial, equal status among parties, commitment to a common goal, and institutional support. Studies have shown that when such conditions are met, parties’ attitudes toward one another often improve.
Other scholars have questioned the significance of such research, however, noting that changes in reported attitudes do not necessarily result in different behavior. This holds true whether the disputants are spouses, neighbors, or a company’s management and its employees.
Does negotiation research promote the creation of joint gain at the expense of relationship building? Jared R. Curhan, Margaret A. Neale, and Lee D. Ross suggest the field is guilty as charged.
To illustrate, the researchers apply author O. Henry’s classic tale “The Gift of the Magi” to negotiation. The short story describes a poor but loving husband and wife who want to give each other the perfect Christmas gift. Della sells her beautiful long hair to buy Jim a platinum chain for his prize possession, a gold watch. Meanwhile, Jim sells his watch to buy a set of tortoise shell hair combs for his wife’s hair.
Power and Negotiation
MASSACHUSETTS INSTITUTE OF TECHNOLOGY (15.665)
FALL 2012
Instructor:
Denise Lewin Loyd
This course is designed to provide you with a competitive advantage in negotiation. You will learn and practice the technical skills and analytic frameworks that are necessary to negotiate successfully with peers from other top business schools, and you will learn methods for developing the powerful
Taught by world-renowned professors, distinguished thought leaders and best-selling authors.
BATNA
Business Negotiations
Conflict Management
Conflict Resolution
Crisis Negotiations
Dealmaking
Dispute Resolution
International Negotiation
Mediation
Meeting Facilitation
Negotiation Skills
Negotiation Training
Pedagogy
Sales Negotiations
Win Win
Women and Negotiation