Remedies For Cognitive Biases Part IV

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    Remedies For Cognitive Biases Part IV - Presentation Transcript

    1. Remedies for Cognitive Biases Part IV of Negotiating with Difficult People by Victoria Pynchon of ADR Services, Inc.
    2. Behind every accusation is a cry for help
    3. Tit for Tat
      • Cooperation in a world of distrust
      • Romeo and Juliet
      • The Prisoner’s Dilemma
    4.  
      • 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?
      • 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 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
    5.  
    6.  
      • 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
    7. 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
    8. Next, Gaining the Upper Hand

    + Victoria PynchonVictoria Pynchon, 5 months ago

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