In James Sebenius and David Lax, 3-D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals (Harvard Business Press, 2006), additional dimensions of negotiation are introduced.
Robert Mnookin et. al., Beyond Winning: Negotiating to Create Value in Deals and Disputes (Belknap, 2000), extends and enhances the discussion that Fisher, Ury, and Patten began, focusing especially on legal negotiations.
Another shift in the negotiation field is about to begin with the publication of Michael Wheeler, The Art of Negotiation: How to Improvise Agreement in a Chaotic World (Simon and Shuster, 2013). The importance of improvisation as a negotiation skill is clearly established by Wheeler.
The concept of predictable surprises was first noted by Max Bazerman and Michael Watkins in Predictable Surprises: The Disasters You Should Have Seen Coming, and How to Prevent Them (Harvard Business Press, 2008)
SIX WAYS OF WINNING AT WIN-WIN NEGOTIATION
CHAPTER 1. LEAD THEM INTO THE TRADING ZONE: HELP YOUR NEGOTIATING PARTNERS REFRAME THEIR MANDATE AND PRIORITIES
Dealing with Stubborn or Irrational Partners
The most important description of rational negotiating behavior is provided by Max Bazerman in Judgment in Managerial Decision Making (Wiley, 2005), and Max Bazerman and Margaret Neal, Negotiating Rationally (Free Press, 1994). These books summarize the psychological biases or traps that even the most rational negotiators fall into.
First, Find the Facts
The idea of the trading zone originated with Peter Galison, Image and Logic: A Material Culture of Microphysics (University of Chicago Press, 1997), and was expanded upon by Boyd Fuller in his 2006 MIT doctoral dissertation, Trading Zones: Cooperating for Water Resources and Ecosystem Management When Stakeholders Have Apparently Irreconcilable Differences.
The process of joint fact-finding is described in detail in Lawrence Susskind, Sarah McKearnan, and Jennifer Thomas-Larmer, Consensus Building Handbook (Sage, 1999)
How joint fact-finding fits into the larger process of mediation, or joint problem-solving, is discussed in Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, 1987).
Practical examples of how joint fact-finding works are provided in Lawrence Susskind and Jeffrey Cruikshank, Breaking Robert’s Rules of Order: The New Way to Run Your Meeting, Build Consensus and Get Results (Oxford University Press, 2006).
Negotiating with a 900-Pound Gorilla
Power asymmetries in negotiation are analyzed quite elegantly in Roger Fisher’s article “Negotiating Power: Getting and Using Influence,” The American Behavioral Scientist 27, no. 2 (November 1983): 149–166.
For a more complete discussion of the role that coalitions play in negotiation, see Lawrence Susskind and Larry Crump, Multiparty Negotiations, 4 volumes (Sage, 2009), especially the introduction to volume 1.
Overcoming the Not-in-My-Backyard Syndrome
The most compelling explanation about the rise of NIMBYism is presented in Michael O’Hare, Lawrence Bacow, and Deborah Sanderson, Facility Siting and Public Opposition (Van Nostrand/Reinhold, 1983).
More than twenty years ago, my colleagues and I at MIT figured out how to overcome the NIMBY syndrome and crafted what we called “The Facility Siting Credo” (Lawrence Susskind and Howard Kunreuther, Negotiation Journal 6, no. 4 [October 1990]]: 309–314). The Credo was tested nationally against the siting experience in a great many American cities. The results are described in Howard Kunreuther, Kevin Fitzgerald, and Thomas Aarts “Siting Noxious Facilities: A Test of the Facility Siting Credo,” Risk Analysis 13, no. 3 (1993): 301–318.
The way that “Guardians” look at risk is explained by Michael Elliott in Roy Lewicki, Making Sense of Intractable Environmental Conflicts: Concepts and Cases (Island Press, 2002), 295.
The Cape Wind story is described in Robert Whitcomb and Wendy Williams, Cape Wind: Money, Celebrity, Class, Politics and the Battle for Our Energy Future on Nantucket Sound (PublicAffairs, 2007).
The way mediation can be used to resolve facility siting disputes is described in Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, 1987).
The relationship between risk and justice is explained, along with when and how to use compensation, in Patrick Field, Howard Raiffa, and Lawrence Susskind, “Risk and Justice: Rethinking the Concept of Compensation,” in Annals of the American Academic of Political and Social Science 545 (Sage Publications, 1996), 156–164.
Community benefits agreements (CBAs) are explained in “Empowering Communities Through Deliberation: The Model of Community Benefits Agreements,” Journal of Planning Education and Research 27, no. 3 (2008): 261–276
CHAPTER 2. CREATE MORE VALUE: PROPOSE PACKAGES THAT ARE GOOD FOR THEM AND GREAT FOR YOU
Creating More Value through Trades
Value creation can be helped along in numerous ways by professional neutrals—facilitators or mediators. Examples of how this works are presented in Lawrence Susskind and Jeffrey Cruikshank, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes (Basic Books, 1987).
Negotiating Strategic Alliances
The Viatex Simulation is presented in detail in Hallam Movius and Lawrence Susskind, Built to Win: Creating a World-Class Negotiating Organization (Harvard Business Press, 2009), Appendix D, 185–189.
Managing Conflict within the Ranks
The various moves that managers can make to win support for their ideas internally are presented in Deborah Kolb and Judith Williams, The Shadow Negotiation: How Women Can Master the Hidden Agendas That Determine Bargaining Success (Simon and Schuster, 2000).
The differences between internal and external conflict are described in Hallam Movius and Lawrence Susskind, Built to Win: Creating a World-Class Negotiating Organization (Harvard Business Press, 2009).
When You Shouldn’t Go It Alone
For a complete review of what we know about negotiating with agents and negotiating on behalf of someone else, see Robert Mnookin and Lawrence Susskind, eds., Negotiating on Behalf of Others: Advice to Lawyers, Business Executives, Sports Agents, Diplomats, Politicians and Everybody Else (Sage, 1999).
When a Majority Isn’t Enough
My analysis of the shortcomings of majoritarian decision making is contained in Lawrence Susskind and Jeffrey Cruikshank, Breaking Robert’s Rules of Order: The New Way to Run Your Meeting, Build Consensus and Get Results (Oxford University Press, 2006). The Spanish version of the book, written with Francisco Ingouville and published in 2011 in Buenos Aires by Granica, was titled When a Majority Isn’t Enough.
CHAPTER 3. EXPECT THE UNEXPECTED: USE CONTINGENT OFFERS TO CLAIM MORE THAN THE OTHER SIDE
The Art of the Improviser
My discussion of the importance of improvisation in negotiation is based on Michael Wheeler and Lakshmi Balachandra, “What Negotiators Can Learn from Improv Comedy,” Negotiation 9, no. 8 (August 2006): 1–3. Subsequently, Michael Wheeler published The Art of Negotiation: How to Improvise Agreements in a Chaotic World (Simon and Schuster, 2013).
Talking to Climate Change Skeptics
The scientific debate about the sources and scope of climate change is ongoing. The short status report on where things stand at present that I like the best is Naomi Oreskes, “The Scientific Consensus on Climate Change,” Science 3 306, no. 5702 (2004): 1,686. If you really want to dig into the myths and rebuttals about global warming, see Skeptical Science, “Global Warming & Climate Change Myths” (2013), www.skepticalscience.com/argument.php.
My own take on the importance of taking climate change risk into account in all current decisions is presented in Lawrence Susskind, “Responding to the Risks Posed by Climate Change: Cities Have No Choice But to Adapt,” Town Planning Review 81, no. 3 (2010): 217–235.
There are successful ways of engaging the public at large in decisions about how best to manage the risks associated with climat
e change. These are described in Lawrence Susskind and Evan Paul, “Winning Public Support for Addressing Climate Change,” The Solutions Journal 1, no. 2 (2010): 44–48.
Don’t Like Surprises? Use Contingent Agreements
Contingent agreements are described in more detail in Lawrence Susskind and Jeffrey Cruikshank, Breaking Robert’s Rules of Order: The New Way to Run Your Meeting, Build Consensus and Get Results (Oxford University Press, 2006).
Self-enforcing agreements are explained in Lawrence S. Bacow and Michael Wheeler, Environmental Dispute Resolution (Springer, 1984).
What’s Special about Technology-Related and Other Kinds of Complex Negotiations?
The Hexiglass case was created by my colleagues Beth Doherty and Hallam Movius for the Technology Negotiation Executive Training Program offered by the Public Disputes Program at the Program on Negotiation (PON) at Harvard Law School. The simulation can be downloaded from the PON Clearinghouse at www.pon.org.
The idea of strategic realignment was introduced by Joel Cutcher-Gershenfeld in his book with Robert McKersie and Richard Walton, Pathways to Change: Case Studies in Strategic Labor Negotiations (W. E. Up-john Press, 1995).
CHAPTER 4. WRITE THEIR VICTORY SPEECH: HELP THE OTHER SIDE SELL YOUR BEST DEAL TO THEIR BACK TABLE
Build Both Offensive and Defensive Coalitions
The literature on coalitions and coalitional behavior is reviewed in great detail in Lawrence Susskind and Larry Crump, Multiparty Negotiations, 4 volumes (Sage, 2010).
James Sebenius explains the importance of sequencing in his article “Sequencing to Build Coalitions: With Whom Should I Talk First?” in Wise Choices: Decisions, Games and Negotiations, ed. Richard Zekhauser, Ralph Keeney, and James Sebenius (Harvard Business Press, 1996), 324–348.
For a summary of the WTO meeting in Cancún, see Anup Shah, “WTO Meeting in Cancún, Mexico, 2003, Global Issues, September 18, 2003, http://www.globalissues.org/article/438/wto-meeting-in-cancun-mexico-2003.]
Irwin Janis, Groupthink: Psychological Studies of Policy Decisions and Fiascos (Houghton-Mifflin, 1982).
The impact of groupthink on groups engaged in collaborative problem solving is nicely described in Deborah Ancona, Ray Friedman, and Deborah Kolb, “The Group and What Happens on the Way to ‘Yes,’” Negotiation Journal 7, no. 1 (1991): 155–173.
Negotiating with Regulators
My ideas on this subject, with quite a few examples, are summarized in Lawrence Susskind, Paul Levy, and Jennifer Thomas-Larmer, Negotiating Environmental Agreements: How to Avoid Escalation, Confrontation, Needless Cost and Expensive Litigation (Island Press, 1999).
For more on how regulators think about and use discretion, see Lawrence Susskind and Joshua Secunda, “The Risks and Advantages of Agency Discretion: Evidence from EPA’s Project XL,” UCLA Journal of Environmental Law and Policy 17, no. 1: (1999): 67–116.
Mediation as Problem Solving
For more on mediation as problem solving, see Chester Crocker, Fen Osler Hampson, and Pamela Aall, Taming Intractable Conflicts: Mediation in the Hardest Cases (United States Institute of Peace Press, 2004).
For a complete description and discussion of how the Organization for Economic Cooperation and Development (OECD) has incorporated problem-solving mediation into its operations see NCP Mediation Manual (including the relevant texts from the OECD Guidelines as of February 12, 2012), Consensus Building Institute, http://www.cbuilding.org/publication/case/helping-oecd-ncps-use-mediation-implement-guidelines-multinational-enterprises.
One of the best books on mediation is Christopher Moore, The Mediation Process: Practical Strategies for Resolving Conflicts (Jossey-Bass, 2003).
CHAPTER 5. PROTECT YOURSELF: INSULATE AGREEMENTS AGAINST PREDICTABLE SURPRISES
Bringing Talks Back on Track with Facilitation
Sandy Shuman, Creating a Culture of Collaboration: The International Association of Facilitators Handbook (John Wiley, 2006).
Roger Schwarz, The Skilled Facilitator: A Comprehensive Resource for Consultants, Facilitators, Managers, Trainers and Coaches (John Wiley, 2002).
Michael Doyle and David Straus, How to Make Meetings Work (Berkeley Books, 1976).
Dispute Prevention: It’s a Good Idea, Right?
The International Institute for Conflict Prevention and Resolution in New York City has published a series of dispute prevention reports. See “Reducing Disputes Through Wise Prevention Processes in Business Agreements” (undated).
Max Bazerman and Michael Watkins, Predictable Surprises: The Disasters You Should Have Seen Coming, and How to Prevent Them (Harvard Business Press, 2008).
For more on the design of dispute handling systems, see Nancy Rogers, Robert Bordone, Frank Sander, and Craig McEwen. Designing Systems and Processes for Managing Disputes (Aspen, 2013).
What to Do When the Other Person Is Lying
Howard Raiffa explains the difference between negotiating in a context in which full, open truthful exchange is occurring versus situations in which only partially open and truthful exchange is occurring in his Three Lectures on Negotiation Analysis (Program on Negotiation at Harvard Law School, 1996).
The ethics of negotiation are presented in detail in Carrie Menkel-Meadow and Michael Wheeler, eds., What’s Fair: Ethics for Negotiators (Jossey-Bass, 2010).
Mediation ethics are discussed in Ellen Waldman, Mediation Ethics: Cases and Commentaries (Jossey-Bass, 2011).
CHAPTER 6. PROVIDE LEADERSHIP: BUILD YOUR ORGANIZATION’S NEGOTIATING CAPABILITIES
The Responsibilities of Leadership
Some of the most insightful ideas about leadership are in Ronald Heifitz, Leadership without Easy Answers (Harvard University Press, 1998).
Lawrence Susskind, “Build Expert Negotiators: What Do We Know about Training World-Class Negotiators,” in The Change Champion’s Field Guide: Strategies and Tools for Leading Change in Your Organization, ed. Louis Carter et al. (John Wiley, 2013).
When an Angry Public Wants to Be Heard
The strategies discussed in this section first appeared in Lawrence Susskind and Patrick Field, Dealing with an Angry Public: The Mutual Gains Approach to Resolving Public Disputes (Free Press, 1996).
For the best instruction regarding handling media pressure, see Jeffrey Ansell, When the Headline Is YOU: An Insider’s Guide to Handling the Media (Jossey-Bass, 2010).
Helping Decentralized Organizations Negotiate More Effectively
Flatter, or decentralized, organizations strive to eliminate as many layers of middle management as they can. They rely on self-organizing teams and substantial employee involvement. They also give more responsibility to junior or entry-level employees and rely on rapid feedback to make continuous corrections and improvements.
Don’t Get Lost in Translation
Kevin Avruch, an anthropologist at George Mason University has been writing about cross-cultural negotiation for quite some time. See, for example, his book Culture and Conflict Resolution (United States Institute for Peace, 1998).
In 1997 Raymond Cohen substantially revised his 1991 book, Negotiating Across Cultures: International Communication in an Interdependent World (U.S. Institute for Peace, 1997).
Edward and Mildred Hall, cultural anthropologists, were among the first to write about cultural differences in negotiating style. Their books Hidden Differences: Doing Business with the Japanese, The Hidden Dimension, and Understanding Cultural Differences: Germans, French and Americans, were all published in 1990 by Anchor Publishing. While they contain some ideas that no longer make sense in today’s interdependent world, they were among the first to spell out the need to be sensitive to cultural differences when we negotiate.
Linguistic relatively, or the Sapir-Whorf hypothesis, has been written about by many people, especially June H. Hill and Bruce Mannheim in “Language and World View,” which appeared in the Annual Review of Anthropology 21 (1992): 381–406. Although there is much debate about it, the hypothesis presumes that differences in the way langu
ages encode cultural and cognitive categories affect the way people think. This means that people who speak different languages will probably think and behave differently, depending on the languages they use.
Negotiating for Continuous Improvement
For more on this subject, see Hallam Movius and Lawrence Susskind, Built to Win: Creating a World-Class Negotiating Organization (Harvard Business Press, 2009).
For a more complete discussion of the pros and cons of investing in negotiation training, see Hallam Movius and Lawrence Susskind, Built to Win: Creating a World-Class Negotiating Organization (Harvard Business Press, 2009).
Kurt Lewin, “Frontiers in Group Dynamics: II. Channels of Group Life; Social Planning and Action Research,” Human Relations 1, no. 2 (1947): 143–153.
Patricia Phillips and John Phillips, “11 Reasons Why Training and Development Fails ... and What You Can Do About It,” Training 39 (2002): 78–85.
D. L. Kirkpatrick, “Techniques for Evaluating Training Programs,” Journal of the ASTD 13 (1959: 3–9).
The Importance of Good Negotiation Coaching
The dynamics of negotiation coaching are described further in Hallam Movius and Lawrence Susskind, Built to Win: Creating a World-Class Negotiating Organization (Harvard Business Press, 2009).
CODA: FINDING THE SWEET SPOT IN YOUR NEXT NEGOTIATION
Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating Agreement Without Giving In (Penguin, 1991).
Howard Raiffa, The Art and Science of Negotiation (Belknap, 1985).
Howard Raiffa, John Richardson, and David Metcalfe, Negotiation Analysis: The Science and Art of Collaborative Decision Making (Belknap, 2003).
In thinking about the location of the sweet spot in any negotiation, I drew on Noah G. Susskind, “Wiggle Room: Rethinking Reservation Values in Negotiation,” Ohio State Journal on Dispute Resolution Volume 26, No 1 (2011): 79–117.
Global environmental treaty making dynamics are described in more detail in my book Lawrence Susskind, Environmental Diplomacy: Negotiating More Effective Global Agreements (Oxford University Press, 1996).
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