Essentials of Negotiation



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A Essentials of Negotiation Fifth edition Roy J. Lewicki The Ohio State University David M. Saunders Queen's University Bruce Barry Vanderbilt University McGraw-Hill Irwin

about the authors iv preface v Chapter 1 The Nature of Negotiation 1 A Few Words about Our Style and Approach 3 Joe and Sue Carter 4 Characteristics of a Negotiation Situation 6 Interdependence 9 Types of Interdependence Affect Outcomes 10 Alternatives Shape Interdependence 10 Mutual Adjustment 12 Mutual Adjustment and Concession Making -13 Two Dilemmas in Mutual Adjustment J 4 Value Claiming and Value Creation 15 Conflict 18 Definitions 18 Levels of Conflict 18 Functions and Dysfunctions of Conflict 19 Factors That Make Conflict Easy or Difficult to Manage 20 Effective Conflict Management 22 Chapter 2 Strategy and Tactics of Distributive Bargaining 27 The Distributive Bargaining Situation 29 The Role of Alternatives to a Negotiated Agreement Settlement Point 32 Bargaining Mix 33 Fundamental Strategies 33 3 J Discovering the Other Party's Resistance Point 34 Influencing the Other Party's Resistance Point 34 Tactical Tasks 35 Assessing the Other Party's Target, Resistance Point, and Costs of Terminating Negotiations 35 Manage the Other Party's Impressions 37 Modify the Other Party's Perceptions 39 Manipulate the Actual Costs of Delay or Termination 39 Positions Taken during Negotiation 41 Opening Offers 41 Opening Stance 42 Initial Concessions 42 Role of Concessions 43 Pattern of Concession Making 44 Final Offers 46 Commitment 46 Tactical Considerations in Using Commitments' 47 Establishing a Commitment 47 Preventing the Other Party from Committing Prematurely 49 Finding Ways to Abandon a Committed Position 49 Closing the Deal 51 Hardball Tactics 52 Dealing with Typical Hardball Tactics 52 Typical Hardball Tactics 54 Chapter Summary 60 Chapter 3 Strategy and Tactics of Integrative Negotiation 62 Introduction 62 What Makes Integrative Negotiation Different? 62 An Overview of the Integrative Negotiation Process 63 Creating a Free Flow of Information 64

Attempting to Understand the Other Negotiator's Real Needs and Objectives 64 Emphasizing the Commonalities between the Parties and Minimizing the Differences 65 Searching for Solutions That Meet the Needs and Objectives of Both Sides 65 Key Steps in the Integrative Negotiation Process 66 Identify and Define the Problem 67 Understand the Problem Fully Identify Interests and Needs 69 Generate Alternative Solutions 72 Section Summary 78 Evaluate and Select Alternatives 79 Factors T iat Facilitate Successful Integrative Negotiation 82 Some Common Objective or Goal 82 Faith in One's Problem-Solving Ability 83 A Belief in the Validity of One's Own Position and the Other's Perspective 83 The Motivation and Commitment to Work Together 84 Trust 85 Clear and Accurate Communication 86 An Understanding of the Dynamics of Integrative Negotiation 86 Section Summary 87 Chapter Summary 87 Chapter 4 Negotiation: Strategy and Planning 89 Goals The Focus That Drives a Negotiation Strategy 89» Direct Effects of Goals on Choice of Strategy 90 Indirect Effects of Goals on Choice of Strategy 91 Strategy The Overall Plan to Achieve One's Goals Consistancy 91 Strategy versus Tactics 91 Unilateral versus Bilateral Approaches to Strategy 92 The Dual Concerns Model as a Vehicle for Describing Negotiation Strategies 92 Understanding the Flow of Negotiations: Stages and Phases Consistancy 96 Getting Ready to Implement the Strategy: The Planning Process 97 1. Defining the Issues 97 2. Assembling the Issues and Defining the Bargaining Mix 99 3. Defining Interests 100 4. Knowing Limits 100 5. Knowing Alternatives 101 6. Setting Targets and Asking Prices 101 7. Assessing Constituents and the Social Context of the Negotiation 103 8. Analyzing the Other Party 105 9. Presenting Issues to the Other Party 108 10. What Protocol Needs to Be Followed in This Negotiation? 109 Chapter Summary 111 Chapter 5 Perception, Cognition, and Emotion 112 Perception 113 Perception Defined 113 Perceptual Distortion 113 Framing 115 Types of Frames 116 How Frames Work in Negotiation 117 Another Approach to Frames: Interests, Rights, and Power 118 The Frame of an Issue Changes as the Negotiation Evolves 120 Section Summary 122 Cognitive Biases in Negotiation 122 1. Irrational Escalation of Commitment 123 2. Mythical Fixed-Pie Beliefs 123

3. Anchoring and Adjustment 124 4. Issue Framing and Risk 124 5. Availability of Information 125 6. The Winner's Curse 125 7. Overconfidence 125 8. The Law of Small Numbers 126 9. Self-Serving Biases 126 10. Endowment Effect 127 11. Ignoring Others' Cognitions 127 12. Reactive Devaluation 128 Managing Misperceptions and Cognitive Biases in Negotiation 128 Mood, Emotion, and Negotiation 129 Chapter Summary 133 Chapter 6 Communication 136 What Is Communicated during Negotiation? 136 J. Offers, Counteroffers, and Motives 137 2. Information about Alternatives 137 3. Information about Outcomes 137 4. Social Accounts 138 5. Communication about Process 138 Are Negotiators Consistent or Adaptive? 138 Does It Matter What Is Said Early in the Negotiation? 139 Is More Information Always Better? 139 How People Communicate in Negotiation 139 Characteristics of Language 139 Use of Nonverbal Communication J 41 Selection of a Communication Channel 142 How to Improve Communication in Negotiation 144 The Use of Questions 145 Listening I45 Role Reversal 148 Special Communication Considerations at the Close of Negotiations 149 Avoiding Fatal Mistakes 149 Achieving Closure 149 Chapter Summary 149 Chapter 7 Finding and Using Negotiation Power 151 Why Is Power Important to Negotiators? 151 A Definition of Power 152 Sources of Power How People Acquire Power 154 Informational Sources of Power 156 Power Based on Personality and Individual Differences 157 Power Based on Position in an Organization 158 Power Based on Relationships 162 Contextual Sources of Power 166 Dealing with Others Who Have More Power 167 Chapter Summary 168 Chapter 8 Ethics in Negotiation 170 A Sampling of Ethical Quandaries 170 What Do We Mean by "Ethics," and Why Do They Matter in Negotiation? 172 Ethics Defined 172 Applying Ethical Reasoning to Negotiation 175 Ethics versus Prudence versus Practicality versus Legality 175 What Questions of Ethical Conduct Arise in Negotiation? 176 Ethically Ambiguous Tactics: It's (Mostly). AH about the Truth 176 Identifying Ethically Ambiguous Tactics and Attitudes toward Their Use 179 Deception by Omission versus Commission 180

xiii The Decision to Use Ethically Ambiguous Tactics: A Model 181 Why Use Deceptive Tactics? Motives and Consequences 181 The Power Motive 181 Other Motives to Behave Unethically 183 The Consequences of Unethical Conduct 183 Explanations and Justifications 185 How Can Negotiators Deal with the Other Party's Use of Deception? 187 Chapter Summary 191 Chapter 9 Relationship^ in Negotiation 193 The Adequacy of Established Approaches to Research for Understanding Negotiation within Relationships 193 Negotiations in Communal Relationships 197 Key Elements in Managing Negotiations within Relationships 199 Reputation 199 Trust 201 Justice 204 Relationships among Reputation, Trust, and Justice 207 Repairing a Relationship 207 Chapter Summary 208 Chapter 10 Multiple Parties and Teams 210 The Nature of Multiparty Negotiations 210 'Differences between Two-Party Negotiations ' -and Multiparty Negotiations 211 Summary 215 What Is an Effective Group? 215 Managing Multiparty Negotiations 217 The Prenegotiation Stage 218 The Formal Negotiation Stage Managing the Group Process and Outcome 221 The Agreement Stage 227 Chapter Summary 228 Chapter 11 International and Cross-Cultural Negotiation 230 International Negotiation: Art and Science 231 What Makes International Negotiation Different? 231 Environmental Context 232 Immediate Context 234 Section Summary 236 Conceptualizing Culture and Negotiation 236 Culture as Learned Behavior 236 Culture as Shared Values 237 Section Summary 240 Culture as Dialectic 240 Culture in Context 240 The Influence of Culture on Negotiation: Managerial Perspectives 241 Definition of Negotiation 241 Negotiation Opportunity 241 Selection of Negotiators 242 Protocol 242 Communication 242 Time Sensitivity 242 Risk Propensity 243 Groups versus Individuals 243 Nature of Agreements 244 Emotionalism 244 Culturally Responsive Negotiation Strategies 244 Low Familiarity 246 Moderate Familiarity 247 High Familiarity 247 Chapter Summary 248

Chapter 12 Best Practices in Negotiations 251 1. Be Prepared 251 2. Diagnose the Fundamental Structure of the Negotiation 252 3. Identify and Work the BATNA 253 4. Be Willing to Walk Away 253 5. Master the Key Paradoxes of Negotiation 254 Claiming Value versus Creating Value 254 Sticking by Your Principles versus Being Resilient to the Flow 254 Sticking with the Strategy versus Opportunistic Pursuit of New Options 255 Honest and Open versus Closed and Opaque 255 Trust versus Distrust 256 6. Remember the Intangibles 256 7. Actively Manage Coalitions 257 8. Savor and Protect Your Reputation 258 9. Remember That Rationality and Fairness Are Relative 259 10. Continue to Learn from Your Experience 259 Bibliography 261 Index 280