Remedies for Cognitive Biases Part IV of Negotiating with Difficult People by Victoria Pynchon of ADR Services, Inc.

Behind every accusation is a cry for help

Tit for Tat Cooperation in a world of distrust Romeo and Juliet The Prisoner’s Dilemma

Cooperation in a world of distrust

Romeo and Juliet

The Prisoner’s Dilemma

Identify Value = precedent, relationships, reputation, fairness, profit, opportunities, survival, praise, fulfillment Create value locate & identify interests (preferences, priorities, needs, desires, fears) Claim value make case for your entitlements, trade differences, enhance commonalities Reap value craft durable agreements

Identify Value = precedent, relationships, reputation, fairness, profit, opportunities, survival, praise, fulfillment

Create value locate & identify interests (preferences, priorities, needs, desires, fears)

Claim value make case for your entitlements, trade differences, enhance commonalities

Reap value craft durable agreements

What are you attempting to achieve? How might this deal help/hurt your opportunities to achieve it? In the best of all possible worlds, what would your preferences be? Who/what else might be included in deal to maximize result for both of us? Why is that desirable/not acceptable?

What are you attempting to achieve?

How might this deal help/hurt your opportunities to achieve it?

In the best of all possible worlds, what would your preferences be?

Who/what else might be included in deal to maximize result for both of us?

Why is that desirable/not acceptable?

How can we address _____________ YOUR interests While addressing ______________ OUR interests in a way that satisfies _________________? our common interests

How can we address _____________

YOUR interests

While addressing ______________ OUR interests

in a way that satisfies _________________? our common interests

They’re not difficult, they are uninformed Educate them about their true interests, consequences of their actions, our BATNA Help them understand what is in their best interest May have misunderstood or ignored a crucial piece of information

They’re not difficult, they are uninformed

Educate them about their true interests, consequences of their actions, our BATNA

Help them understand what is in their best interest

May have misunderstood or ignored a crucial piece of information

They don’t understand the case law They haven’t considered trading items of low value to them but high value to you They don’t foresee the bright economic future you do They are too distracted by emotional considerations to make rational choices You haven’t given them a way to accept your view without losing face

They don’t understand the case law

They haven’t considered trading items of low value to them but high value to you

They don’t foresee the bright economic future you do

They are too distracted by emotional considerations to make rational choices

You haven’t given them a way to accept your view without losing face

They are not irrational; they have hidden constraints Institutional Precedential Promises to others Deadlines

They are not irrational; they have hidden constraints

Institutional

Precedential

Promises to others

Deadlines

They’re not evil; they have hidden interests. Personal (unrelated to you or deal) Relational (related to you but not to deal, i.e., “face”) Political, social, cultural

They’re not evil; they have hidden interests.

Personal (unrelated to you or deal)

Relational (related to you but not to deal, i.e., “face”)

Political, social, cultural

Opposing Parties Need for upfront cash today Fear of greater competition tomorrow Concern about shelf-life of product, patent, market, distribution chain Opposing counsel concerns (likely much like your own) Concern of opposing party’s GC, CEO, executives, manager Outside influences

Need for upfront cash today

Fear of greater competition tomorrow

Concern about shelf-life of product, patent, market, distribution chain

Opposing counsel concerns (likely much like your own)

Concern of opposing party’s GC, CEO, executives, manager

Outside influences

Next, Gaining the Upper Hand