theories of, 153
See also Facilitative leaders
Learning, and negotiation training, 185
Lewin, Kurt, 182
Library access, and decentralized organizations, 165
Licenses and permits, applications for, and regulators, 124–125
Lies/lying
and benefit of the doubt, 149–150
effective response to, 149–151
“name it, frame it, claim it” as response to, 150–151
Litigation, avoidance of, and contingent agreements, 104–105
Long-term relationships, focus on building, and public relations, and angry public, 161–162
Los Angeles, 42
“Losers,” compensation for potential, and not-in-my-backyard syndrome, 40, 41–43
and forms of compensation, 42
and taxes, 42, 43
Majority rule
versus consensus building, 76–78, 80–81, 84–85
problem with, 77
Majority voting, 122. See also Voting
Mammoth company, 200–201
Managers
authority of, responsibilities beyond, 60
and conflict management, 60, 61
and facilitators, reluctance to hire, 140–142
Mandate and priorities, of negotiating partner, reframing of, 10, 16, 22, 29–31
Matrix management approach, 60, 63–65
Media, 40
Mediation
confidential, 134–135
as problem solving, and OECD corporate social responsibility guidelines, 132–136
as problem solving, requirements of, 135
and voluntary agreements, 135
Mediators
and complex negotiations, 132
and facilitators, difference between, 137–140
and multiparty negotiations, 121
need for, 139–140
and not-in-my-backyard syndrome, 39, 41
and value creation, 51
See also Dispute prevention; Facilitators
Mergers, and multiparty negotiations, 122
Methods of analysis, and joint fact-finding, 26–27
Mistakes, admission of, and public relations, and angry public, 161
Mnookin, Bob, 208
Modeling effective behavior, 20
Multinational corporations, and OECD corporate social responsibility guidelines, and problem-solving mediation, 132–136
Multiparty negotiations, 115–116
and back tables, 115, 116, 117, 121
and coalitional behavior, anticipation of, 118–121
and coalitional strategy, 122–123
and consensus agreement, 123
and facilitators or mediators, 121
and group interactions, management of, 120–122
and groupthink, 121
and majority voting, 122
and mergers, 122
and negotiating forum, structure of, 122–124
preparation for, 116–117
and process opportunism, 121
and subgroups, 121–122
and trading zone, 116, 122–124
and unanimity, commitment to, 122
See also Coalition building
Mutual gain, options for, 47
Mutual-gains approach, to negotiating, 45
Mutually beneficial deals, strategies for creating, 10–12. See also Win-win negotiations
“Name it, frame it, claim it,” and lies/lying, response to, 150–151
National Contact Points (NCPs), 132–136
NCPs. See National Contact Points
Near-unanimous decision, and consensus building, 78, 80–81, 82–83
Negotiating capabilities, building of, 11–12
Negotiating partners
cognitive biases of, 17–19
difficult behaviors of, 17–20, 70–71
irrational, 15–17, 20–22
mandate and priorities of, reframing of, 10, 16, 22, 29–30, 30–31
and modeling effective behavior, 20
stronger (see 900-pound gorilla)
and unproductive demands, 18
See also Strategic alliances/partners
Negotiation, 1–5
results of, reporting, 177–179
shift in field of, 6–9
Negotiation coach
and consistency, 190–191
and “good coach” checklist, 194–196
and preparation, 192–193
qualities of effective, 189–196
and rehearsing and debriefing, 193–194
and trainee, relationship between, 192–193
Negotiation coaching, 176–177, 188–196
and advice and feedback, 176–177
and common framework, 177
real-time, and decentralized organizations, 165
Negotiation dynamics, paying attention to, and cross-cultural negotiations, 171–172
Negotiation newsletter, 177–179
Negotiation preparation worksheet, 175–176
example of, 179–180
Negotiation skills
continuous improvement in, 172–179
measuring, 173–175
monitoring and assessing, 174
and negotiation coaching, 176–177
and negotiation newsletter, 177–179
and negotiation preparation worksheet, 175–176, 179–180
and negotiation results, reporting of, 177–179
Negotiation training, 180–188
cost of, 180–181
and focus learning, 186–187
and follow-up, 187
gauging the value-added of, 186–188
goals of, 183–184
investment in, 180–181
measuring results of, 184–186
reporting results of, 187–188
short-lived impact of, 183–184
standard or tailored approach to, 181–183
and 360-degree evaluation, 186
as three-step process, 182–183
Networked communication, importance of, and decentralized organizations, 163–164
Neutral, professional, 41, 65, 79. See also Facilitators; Mediators
New York City, 42
Newsletter, negotiation, 177–179
NIMBY syndrome. See Not-in-my-backyard syndrome
900-pound gorilla (stronger negotiating partner), 31–38
and appeals to principle, 34–35
and elegant solution (attractive counterproposal), 32–34
and strategic alliances, formation of, 35–37
See also Negotiating partners
No-regrets response, 97
Noncompliance, penalties for, and contingent agreements, 102
Not-in-my-backyard syndrome (NIMBY syndrome), 38–44
and “educational” efforts, one-sided, 39
and ideological opponents, 43–44
and joint fact-finding, 39–41
and “losers,” compensation for potential, 40, 41–43
and mediators, 39, 41
Objective standards, 7
OECD. See Organization for Economic Cooperation and Development
OECD Watch, 133
Online negotiation support system, 164–165
Opening, and getting it right, 197–200
Openness, on both sides, 199
Organization for Economic Cooperation and Development (OECD), 140
and corporate social responsibility guidelines, and problem-solving mediation, 132–136
Organizational change, and high-tech negotiations, 107, 109
Organizational realignment, and high-tech negotiations, 109, 112–113
Outcome summaries, and facilitators, responsibility of, 144–145
Painkillers (pharmaceutical company), 90–92
Parliamentary procedure, 76
Partnering agreements, 147
Partnership, versus buyout, 200–202
Patton, Bruce, 7, 206
Performance, and compensation, and agen
ts, 72–73
Personalization, of improvisation, with skeptics, 99
Phillips, Jack, 184
Phillips, Patricia, 184
Phototime (one-hour photo processing booths), 36, 37
PictureQuik (one-hour photo processing booths), 31–34, 35, 36–37
Playfulness, and improvisation, 94
Pleasantview, 100
Power, sharing of, and public relations, and angry public, 160–161
Preparation, and negotiation coach, 192–193
Price caps, as contingent agreements, 101
Principle, appeals to, 34–35
Problem-solving mediation, and OECD corporate social responsibility guidelines, 132–136
Process opportunism, 121
Professional neutral. See Neutral, professional
Program on Negotiation at Harvard Law School, 45, 87
Prometheus (medical equipment manufacturer), 67–69, 73–74, 76
Property tax abatements, 43
Property tax insurance, 43
Provocation, and improvisation, with skeptics, 100
Public dialogue, 41
Public relations, and angry public
and concerns of the other side, acknowledgment of, 158
and contingent commitments, 159–160
and facilitative leaders, 156–162
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
Reaction, to negotiation training, 185
Reconvening, and contingent agreements, 103–104
Red flags, and contingent agreements, 105
Regulators, 124–132
and applications for licenses and permits, 124–125
and back tables, 125, 132
beliefs of, 125–127
discretion of, 125, 127–128
how not to deal with, 130–132
informal conversations with, 128–130
and joint fact-finding, 129–130
and past approvals and experiences, basing request on, 128
and thinking like one, 125–127
Rehearsing, and negotiation coach, 193–194
Relationship(s)
buying a good, 206
long-term, focus on building, and public relations, 161–162
long-term importance of, and strategic alliances/partners, 55–56
between trainee and negotiation coach, 192–193
valuing, and high-tech negotiations, 114
Resistance, overcoming, and conflict management, 66–67
Resources, competition for, 61
Results
communication of, 28–29
responding to, 29–31
Return on investment, and negotiation training, 185
Rigidity, of negotiators, 198
Robert’s Rules of Order, 76
Roles, clarification of, and joint fact-finding, 27
Rules, agents unfamiliarity with, 69–70
Self-enforcing agreements, 105
Self-enforcing commitment, quality of, and contingent agreements, 102
Skeptics, improvisation with, 94–100
Skills. See Negotiation skills
Standing dispute resolution panels, 147, 148–149
Strategic alliances/partners, 52–59
formation of, 35–37
public-private, 58–59
unique needs and interests of, 53–55
See also Negotiating partners
Strong-arm tactics, 153
Subgroups, and multiparty negotiations, 121–122
SuperMart (discount retail chain), 31–34, 35, 36–37
Support, cultivation of, and conflict management, 65, 66
Surprise(s)
avoidance of, and strategic alliances/partners, 57–58
element of, and improvisation, 92–94
predictable, and dispute resolution clause, 146
predictable, insulation of agreements against, 11
protection against, 137
protection against, and contingent agreements, 102
Sweet spot, 206–208, 208 (figure)
Task force, agreement and recommended changes of, 64–65
Technical disagreements, management of, and contingent agreements, 103
Tentative findings, assessment of, 27–28
Thought experiment, and improvisation, with skeptics, 98–99
Three Mile Island, 157
Time constraints
and agents, 70
and facilitative leaders, 155
and high-tech negotiations, 111
Timing, and negotiating, 198–199
Tiny company, 200–201
“To thine own self be true,” and cross-cultural negotiations, 168
Top-down management approach, 61–62
Town meetings, 40
Trade Union Advisory Group, 133
Trading sessions, informal, 203–204
Trading zone, 3, 4, 5, 201 (figure)
as actual deal space, 5 (see also Deal space)
boundaries of, 200
and claiming, and competition, 206–208
definition of, 23
how to find, 5–6, 197–200
and multiparty negotiations, 116, 122–124
and recognizing moment when one moves into, 202
as state of mind, 5, 200
and sweet spots, 206–208, 208 (figure)
and value creation, 202
Trainee, and negotiation coach, relationship between, 192–193
Training. See Negotiation training
True believers, and improvisation, 94, 97–98
Trust, 206
Trust building, and high-tech negotiations, 111
Trustworthiness, and public relations, and angry public, 161
Unanimity, commitment to, and multiparty negotiations, 122
Uncertainty, and high-tech negotiations, 107, 109, 111–112
Unproductive demands, and negotiating partners, 18
Ury, William, 7, 206
Value claiming, versus value creation, 8–9
Value creation, 45–52
versus distributional battles, 55
and interests, 47
and intermediaries, 50–52
and issues to trade, 46–52
and mediators, 51
and mutual gain, options for, 47
preparation for, 47
and trading zone, recognizing moment when one moves into, 202
versus value claiming, 8–9
and walk-away, 47
and what-if game, 49–50
Veterans’ Administration (VA) hospital pharmacy, 90–92
Viatex (plastic ink cartridge supplier), 52–57
Voluntary agreements, and mediation, 135
Voting, 76–77. See also Majority voting
Walk-away, 197–200, 205–206
and value creation, 47
Wall Street Associates, 59–60, 62, 67, 193
Walled garden, 164
Weakness, and managers, and fear of appearing weak, 141
What-if game, proposals, questions, 10–11, 47, 49–50, 92, 200, 202, 204
Wheeler, Michael, 87, 100
“When in Rome, do as the Romans do,” and cross-cultural negotiations, 168–169
Win-lose negotiations, shift from, to win-win, 6
Win-win negotiations, 5
fairness of, 7
and mutually beneficial deals, strategies for creating, 10–12
principles of, 7, 9
shift to, from win-lose, 6
Winning, factors in, 6
World Trade Organization (WTO), 119–120
WTO. See World Trade Organization
Yes or no questions, and improvisation, with skeptics, 99
Zero-sum games
, 45–46, 52
Leslie Tuttle
Lawrence Susskind is Ford Foundation Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology, where he has been a member of the faculty for more than forty years. He is also founder and Chief Knowledge Officer of the Consensus Building Institute, a not-for-profit mediation firm that provides consensus-building assistance in some of the most complicated disputes around the world. He helped to create the inter-university Program on Negotiation at Harvard Law School, where he is currently vice-chair and provides advanced executive training.
Professor Susskind has mediated numerous disputes, including regulatory conflicts, facility siting controversies, public policy disagreements, and confrontations between corporations. He has served as a court-appointed special master and helped facilitate multilateral global environmental treaty negotiations. He has served as a guest lecturer at more than two-dozen universities around the world, and he is the author or co-author of sixteen books, many of which have been published in multiple languages.
PublicAffairs is a publishing house founded in 1997. It is a tribute to the standards, values, and flair of three persons who have served as mentors to countless reporters, writers, editors, and book people of all kinds, including me.
I. F. STONE, proprietor of I. F. Stone’s Weekly, combined a commitment to the First Amendment with entrepreneurial zeal and reporting skill and became one of the great independent journalists in American history. At the age of eighty, Izzy published The Trial of Socrates, which was a national bestseller. He wrote the book after he taught himself ancient Greek.
BENJAMIN C. BRADLEE was for nearly thirty years the charismatic editorial leader of The Washington Post. It was Ben who gave the Post the range and courage to pursue such historic issues as Watergate. He supported his reporters with a tenacity that made them fearless and it is no accident that so many became authors of influential, best-selling books.
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• • •
For fifty years, the banner of Public Affairs Press was carried by its owner Morris B. Schnapper, who published Gandhi, Nasser, Toynbee, Truman, and about 1,500 other authors. In 1983, Schnapper was described by The Washington Post as “a redoubtable gadfly.” His legacy will endure in the books to come.
Peter Osnos, Founder and Editor-at-Large
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