The distinction between empathy and assertiveness in negotiation is developed in Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello, “The Tension Between Empathy and Assertiveness,” Negotiation Journal 12, no. 3 (July 1996): 217–230.
INDEX
Adaptation, and improvisation, with skeptics, 97
Advanceramics (glass and ceramic products manufacturer), 108–109
Adversary science, 23
Agendas, structuring, and facilitators, responsibility of, 143–144
Agent(s)
on both sides, 72–76
and commitments, authorization to make, 72
communicating responsibilities of, 71–72
and compensation and performance, 72–73
and difficult behavior, of negotiating partners, 70–71
effective use of, 71–73
versus “going it alone,” 67–69
and issues and rules, unfamiliarity with, 69–70
on other side, as ally, 74
on other side, role of, 73–74
and possible agreements, variety of, 74–76
potential problem with, 69
reputation of, 71
and time or distance, 70
when to use, 69–71
Agreements
and predictable surprises, insulation against, 11
self-enforcing, 105
selling of, and conflict management, 65–66
strategic framing of, and conflict management, 65, 66
variety of possible, and agents, 74–76
See also Contingent agreements
Ambiguity, and high-tech negotiations, 111–112
Anaconda Company (computer chip manufacturer), 22–23, 24–26, 27–28, 29–30, 49, 158, 160
Angry public, and facilitative leaders, 156–162
and concerns of the other side, acknowledgment of, 158
and contingent commitments, 159–160
and joint fact-finding, 158–159
long-term relationships, focus on building, 161–162
and mistakes, admission of, 161
and power, sharing of, 160–161
and responsibility, acceptance of, 160
and trustworthiness, 161
and what not to do, 157
Animal rights controversies, 157
Appeals to principle, 34–35
Application, of negotiation training, 185
Appreciative moves, and conflict management, 66
Approvals and experiences, of regulators, basing request on past, 128
Assertiveness, versus empathy, 208
Attentiveness, and improvisation, 88–90
Back tables, 5, 21, 22, 208
and multiparty negotiations, 115, 116, 117, 121
of other side, 11
and regulators, 125, 132
Balachandra, Lakshmi, 87
BATNA (best alternative to a negotiated agreement), 45, 179, 199–200, 204
Bazerman, Max, 11, 17
Benefit of the doubt, 56–57
and lies/lying, 149–150
Best alternative to a negotiated agreement. See BATNA
Best Care (health services company), 78–84, 139
Brainstorming, and consensus building, 82
Brattlebury Corporation (computer manufacturer), 52–57
Brazil, 120
Bribes, 42
Bristol-Myers Squibb, 174–175
Buyout, versus partnership, 200–202
Cancún, Mexico, 119–120
Cape Wind project (Massachusetts), 38, 40
Chemistry, poor, and facilitators, 142
China, 120
Claiming, and competition, 206–208
Climate change, as example of improvisation with skeptics, 94–100
Coach. See Negotiation coach
Coaching. See Negotiation coaching
Coalition building, 115
and commitments, 119–120
and conflict management, 65, 66–67
and partners, identifying and winning over, 119
See also Multiparty negotiations
Coalitional behavior, anticipation of, 118–121
Coalitions
and coalitional behavior, anticipation of, 118–121
offensive and defensive, 116
Cognitive biases, of negotiating partners, 17–19
Commitments
authorization to make, 72, 202–204
sub-optimal, 204–206
See also Deals
Common language (interlanguage), 23
Communication errors, how to avoid, and high-tech negotiations, 110–111
Community Arts, Inc., 118
Community benefit agreements, 42
Compensation, and performance, and agents, 72–73
Competition
and claiming, 206–208
versus cooperation, 6, 8–9
Complex negotiations, 106
and mediators, 132
See also High-tech negotiations
Complexity, of high-tech negotiations, 106, 107, 109, 111–112
Compliance, incentives for, and contingent agreements, 102
Compromise, 204–206
Concerns of the other side, acknowledgment of, and angry public, 158
Concessions, 199, 204
Confidentiality, and mediation, 134–135
Conflict management, 59–67
agreements, strategic framing of, 65, 66
and agreements, selling of, 65–66
and appreciative moves, 66
and coalition building, 65, 66–67
and consensus building, 63–65
and direct negotiations, 61
and face-saving suggestions, 66
and internal conflict, causes of, 60–61
and internal conflict, identifying sources of, 62–63
and joint fact-finding, 64
and managers, 60, 61
and matrix management approach, 60, 63–65
and professional neutral, 65
and resistance, overcoming, 66–67
and support, cultivation of, 65, 66
and task force, agreement and recommended changes of, 64–65
and top-down management approach, 61–62
Conflicts, acknowledgment of, and high-tech negotiations, 114
Consensus building, 63–65, 78–85
and brainstorming, 82
commitment to, and facilitative leaders, 154, 155–156
and convener, 79–80
and decision, implementation of, 84
and deliberations, 81–82
and facilitators, 79, 80, 81, 83, 84
as five-step process, 78–84
ground rules, setting and enforcing, and facilitators, responsibility of, 144
versus majority rule, 76–78, 80–81, 84–85
and near-unanimous decision, 78, 80–81, 82–83
and responsibilities, clarification of, 80–81
Consistency, and negotiation coach, 190–191
Construction industry, and dispute prevention, 147
Contingent agreements, 100–106
and agreements, self-enforcing, 105
and commitments, self-enforcing, quality of, 102
complexity of, 101
and compliance, incentives for, 102
and disagreement, acceptance of, 105
and forecasting, 106
and “good neighbor” agreement, 103
insurance as, 102
and internal resistance, overcoming, 105–106
and litigation, avoidance of, 104–105
and noncompliance, penalties for, 102
and price caps, 101
and reconvening, 103–104
and red flags, 105
and surprises, protection against possible, 102
and technical disagreements, management of, 103
when to use, 101–106
See also Agreements
Contingent commitments, and public relations, and angr
y public, 159–160
Contingent offers. See What-if game, proposals, questions
Contracts, dispute resolution clause in, 146
Control
lack of, and facilitators, 142
and managers, and fear of losing, 141–142
Convener, 79–80
Cooperation, versus competition, 6, 8–9
Cornucopia (grocery chain), 130–132
Corporate social responsibility guidelines, OECD, and problem-solving mediation, 132–136
Counterpart
adviser from culture of, and cross-cultural negotiations, 170–171
background and experience of, and cross-cultural negotiations, 170
Counterproposal, attractive, 32–34
Cremtech Corporation (glass and ceramic products manufacturer), 108–109, 110–113
Cross-cultural negotiations, 165–172
approaches to, 167–172
challenges of, 165–167
and counterpart, adviser from culture of, 170–171
and counterpart, background and experience of, 170
and cultural sensitivity, 169–170
and cultural stereotyping, 169, 170
and individual differences, importance of, 170–172
and language barriers, 172
and negotiation dynamics, paying attention to, 171–172
and “to thine own self be true,” 168
and “when in Rome, do as the Romans do,” 168–169
Cultural sensitivity, 169–170
Cultural stereotyping, 169, 170
Deal space, 3, 5, 10–11, 199–200, 202, 204, 206–207. See also Trading zone
Deals
mutually beneficial, strategies for creating, 10–12 (see also Win-win negotiations)
See also Commitments
Debriefing, and negotiation coach, 193–194
Decentralized organizations, 162–165
and coaching, real-time, 165
and hot lines, 165
and networked communication, importance of, 163–164
and online negotiation support system, 164–165
and walled garden, 164
Decision
implementation of, and consensus building, 84
near-unanimous, and consensus building, 78, 80–81, 82–83
Deliberations, and consensus building, 81–82
Demands, unproductive, and negotiating partners, 18
Destinations airline, 117–118
Difficult behaviors, of negotiating partners, 17–20, 70–71
Direct negotiations, and conflict management, 61
Disagreement, acceptance of, and contingent agreements, 105
Dispute avoidance agreement, 148
Dispute handling agreement, 148
Dispute prevention, 146–149
prerequisites for, 147–148
techniques, obstacles to using, 147–148
See also Facilitators; Mediators
Dispute prevention bonus, 148, 149
Dispute resolution clause, 146
Distance, and agents, 70
Distributional battles, versus value creation, 55
Diversity, 61
Dynamics, paying attention to, and cross-cultural negotiations, 171–172
“Educational” efforts, one-sided, and not-in-my-backyard syndrome, 39
Egos, and high-tech negotiations, 107, 109
Elegant solution (attractive counterproposal), 32–34
Elliott, Mike, 39
Empathy, versus assertiveness, 208
Enterprise, Inc., 15
Environmental constraints, 60
Europe, 120
European Union, 120
Experience, lack of, and facilitators, 142
Experiences, of regulators, basing request on past, 128
Expert advisers, 25–26
External pressures, and facilitators, 143
Exxon Valdez oil spill, 157
Face-saving suggestions, and conflict management, 66
Facebook, and negotiation support system, 164
Facilitation, 137–139
definition of, 139
Facilitative leaders, 153–156, 162
challenges faced by, 156
and consensus building, commitment to, 154, 155–156
and consultation responsibilities, 154, 155
and public relations, and angry public, 156–162
and time constraints, 155
See also Facilitators; Leaders/leadership
Facilitators
and consensus building, 79, 80, 81, 83, 84
and managers, and reluctance to hire, 140–142
and mediators, difference between, 137–140
and multiparty negotiations, 121
need for, 139–140
overcoming resistance to hiring, 145–146
problems with, signs of, 142–143
responsibilities of, 143–145
See also Dispute prevention; Facilitative leaders; Mediators
Fact-finding, disagreement regarding, 22–24. See also Joint fact-finding
Facts, confrontation with, 22–24
Fairness, 7
Field, Patrick, 157
Final commitment. See Commitments
Financial disincentive, and dispute prevention, 149
Fisher, Roger, 7, 206
Flexibility, and improvisation, 90–92
FlyAway airline, 117–118
Focus learning, and negotiation training, 186–187
Follow-up, and negotiation training, 187
Forecasting
and contingent agreements, 106
and high-tech negotiations, 114
Galison, Peter, 23
Getting to Yes: Negotiating Agreement without Giving In (Fisher, Ury, and Patton), 7, 206
Global treaty negotiations, 202–203
“Going it alone,” versus agents, 67–69
Golden Pond real estate deal, 1–5, 8–9, 206
Golden Rule of Negotiation, 20
“Good coach” checklist, 194–196
“Good neighbor” agreement, 103
Gore, Al, 95
Government decisions, public involvement in, 40
GreenTech Chemical Company, 126–127, 132
Ground rules
consensus building, 144
and joint fact-finding, 25
Group interactions, management of, 120–122
Groupthink, and multiparty negotiations, 121
G22, 120
Guardians, 39, 40, 41
Hard-bargaining strategy, 19–20, 22, 199
Harvard University, 94
Hearings, 40
High-Energy, Inc. (fuel-oil company), 100–101
High-tech negotiations, 106–114
and ambiguity, 111–112
and communication errors, how to avoid, 110–111
complexity of, 106, 107, 109, 111–112
and conflicts, acknowledgment of, 114
and egos, 107, 109
and forecasting, 114
and inventor’s bias, 109
and organizational change, 107, 109
and organizational realignment, 109, 112–113
problems with, 106–108, 109
and relationships, valuing, 114
strategies to overcome difficulties of, 109–113
and time pressures, 111
and trust building, 111
and uncertainty, 107, 109, 111–112
ways to be more effective at, 113–114
See also Complex negotiations
Hiring, resistance to, and facilitators, 145–146
Homework, doing it ahead of time, 202–204
Hot lines, and decentralized organizations, 165
Ideological opponents, and notin-my-backyard syndrome, 43–44
Impact, of negotiation training, 185
Improvisation, 87–94, 198
and adaptation, 97
and attentiveness, 88–90
and flexibilit
y, 90–92
and goal of dialogue, 95
personalization of, 99
and playfulness, 94
and provocation, 100
with skeptics, 94–100
and surprise, element of, 92–94
and thought experiment, 98–99
and true believers, 94, 97–98
and yes or no questions, instead of when, where, and how questions, 99
Incompetence, and managers, and fear of appearing incompetent, 140–141
India, 120
Individual differences, importance of, and cross-cultural negotiations, 170–172
Informal conversations, with regulators, 128–130
Initial strategy, reassessment of, 198
Insurance, as contingent agreement, 102
Interests, and value creation, 47, 48–49
Interlanguage. See Common language
Intermediaries
and joint fact-finding, 25
and value creation, 25
Internal conflict
causes of, 60–61
identifying sources of, 62–63
Internal friction, and facilitators, 142
Internal resistance, overcoming, and contingent agreements, 105–106
International Institute for Conflict Prevention and Resolution, 146
Inventor’s bias, and high-tech negotiations, 109
Issues
agents unfamiliarity with, 69–70
and value creation, 46, 48–49
Japan, and cross-cultural negotiations, 166–167
Joint fact-finding, 22–31
and conflict management, 64
and expert advisers, 25–26
and ground rules, 25
and intermediaries, 25
and methods of analysis, 26–27
and not-in-my-backyard syndrome, 39–41
and public relations, and angry public, 158–159
with regulators, 129–130
and results, communication of, 28–29
and results, responding to, 29–31
and roles and responsibilities, clarification of, 27
and tentative findings, assessment of, 27–28
See also Fact-finding, disagreement regarding
Knowledge, lack of, and facilitators, 142
Kolb, Deborah, 65
Language barriers, and cross-cultural negotiations, 172
Law firms, and dispute prevention bonus, 148
Lawsuits, 23
Lawyers, and dispute prevention bonus, 148
Leaders/leadership
and cross-cultural negotiations, 165–172
and decentralized organizations, 162–165
and negotiation coaching, 188–196
and negotiation skills, continuous improvement in, 172–179
and negotiation training, 180–188
responsibilities of, 153–156
and strong-arm tactics, 153
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