The document discusses various concepts related to negotiation including the dual concerns model, different negotiation styles, and the importance of framing and perception in negotiation. It also provides tips for managing trust and distrust in negotiation contexts. Key terms like BATNA, tactics, and strategies are defined. Different types of bargaining like distributive and integrative are explained. Common mistakes in negotiation are outlined and anchoring is illustrated through examples of opening offers.

1. Week 3

2. The Dual
Concerns
Model

3. Collabora
te
AccommodateAvoid
Compromise
Compete
Value of
Relationship
Importance Placed on
Mercy
Response to Other’s
Interests
ValueofIssue
Needfor
Justice
AchievementofOwn
Interests

4. The Dual Concerns Model

5. Collaborate
AccommodateAvoid
Compromise
Compete
Value of Relationship
Importance Placed on Mercy
Response to Other’s Interests
ValueofIssue
NeedforJustice
AchievementofOwnInterests

6. Ting Toomy

7. Dual Concerns
Poco Mucho
Preocupación por yo mismo
Preocupaciónporotra
PocoMucho
Accommodating
Adaptarse
Problem Solving
Colaborador
Contending
Competetivo
Compromising
Compromiso
Inaction/Avoid
Evitar

8. Face (Cara)
Saving face is avoiding
embarrassment.
You might work to save your
own face.
You might work to help save
another’s face.
Face is an important concept
in conflict negotiations.

9. Different ways of defining
self, goals and duty
Collectivism.
• “we” oriented
perspective that
emphasizes
relationships.
Individualism
• “I” oriented
perspective that
emphasizes
individualism.

10. Facework
“Face giving” is
the facework
strategy used to
defend and
support another’s
need for inclusion
(collectivism).
“Face restoration”
is the facework
strategy used to
stake out a unique
place in life,
preserve
autonomy, and
defend against
loss of personal
freedom
(individualism).

11. Revised Conflict Map
11

12. Negotiation
Preparation

13. Role of
Perception
Subjective. Always check your
views, opinions and analysis of
your position!!
One’s view of fairness. (Barry
Bond’s homerun).
Be very careful of your client's (and
your own) perception of fairness.
13

14. Framing
Frames can be transformative.
Change frame, change
conversation.
Frames can be shifted.
When people hold to their frames, conflict can
occur.
Frames persist as long as they are useful.

15. Language
Ohio negotiation.
• Environmentalist.
• Developers.
1
Environmentalists.
• Called polluters
developers.
2
Conflict.
• Result of nonverbal
looks and glances.
• Polarizing language.
3

16. Trust/Distrust Frame
• Trust distrust different frames.
• Main role of negotiator / mediator.
• Decide which you are doing:
• Building trust.
• Managing distrust.

17. Trust/Distrust
Frame
• Little step by step process.
• Reliability.
• Competence.
Trust Frame.
• Risk averion
Distrust Frame.

18. Managing
Trust
Creating positive expectations.
Confident expectations about the other.
Shape
them
by:
Language.
Clear
exceptions.
Manage
expectation.

19. Managing
distrust
• Boarders.
• Boundaries.
• Processes.
• Not trust building.
Tools.
• Distrust binding.
• Prenuptial agreement.
Manages downside risk.

20. 10 Frames
INTERESTS RIGHTS POWER

21. 7 More
Frames
Characterization
Identity
Ambition
Outcome
Substantive
Win Loss
Rules

22. Reframing
Listen to Frame.
•Disputants.
•Third parties.
Reframe.

23. THE NEGOTIATOR’S DILEMMA
23
Create value Claim value
Learn Truthfully share
information about
interests in order to
identify opportunities
to create value
Gather accurate
information about
walk-always; then
use anchoring and
commitment tactics
to claim value
Shape perceptions Reframe the
negotiations to
emphasize integrative
possibilities
Mislead counterparts
about priorities in
order to claim value
when making trades

24. Cooperative
Negotiation
Stress Stress looking for a long term relationship
Build Build trust: integrity
Listen Sensitive to the other’s needs: listen
Search
Search for a “Win-Win” solution
•*Find best deal for both parties
•*Find ways to make a bigger pie to divide
•*Invent options for mutual gain

25. Competitive
Negotiation.
Win
little information as possibleDiscloses
little concern for youShows
youManipulates
Uses variety of negotiating tactics to winTactics

26. A Few Terms
BATNA
Best Alternative to a
Negotiated
Settlement
Tactic:
A Specific Negotiation
Behavior or Action the
Lawyer uses initially
or as a response to
the other side.
Strategy
The execution of a
plan through a series
of tactics or actions
that a lawyer uses to
negotiate a favorable
outcome.

27. Who do you
negotiate
with

28. Negotation
and Maslow

30. Definitions
• A situation where for one person to gain something
the other must lose something. A fixed quantity of
resources. Zero sum gain.
Distributive Negotiation:
• A negotiation where the parties interests are not
directly in conflict and agreements are possible in
which the level of satisfaction of one party is not
necessarily inversely related to that of another.
Integrative Negotiation:

31. From
Distributive
to
Intregrative

32. Definition of
Distributive
Bargaining
Limited & fixed amount of resources
Goal conflict
Each maximizes getting
share of resources
available to oneself
No focus on relationship
Informational context
Each provides very little
information while trying
to extract the most from
the other

33. When to use
Distributive
Bargaining?
Single issue
•e.g., this session’s
exercise
Relationship is not
important

34. When to use Distributive Bargaining?
• Target point
• Resistance point
• Initial offer
• Bargaining range
• Zone of potential agreement (ZOPA) or settlement range
• Implications of Positive & negative bargaining range
• Best Alternative to Negotiated Agreement
• WATNA
• Settlement point

35. Positions versus
Interests – the Sinai

36. Negotiations
the Sinai --
1978
Positions:
Israel demands to keep part of the Sinai
Egypt insists that every inch of the Sinai
be
returned to Egyptian sovereignty
Situation
Israel had occupied the Egyptian Sinai
Peninsula
since the Six Day War of 1967

37. Negotiations the Sinai --
1978
• Israel
• interest is security:
• they do not want Egypt
• military at their border
• Egypt,
• it is sovereignty:
• the Sinai is part of Egypt.

38. Strategy, Malhotra
• Step 1: Assess your BATNA
• Step 2: Calculate your reservation value.
• Step 3: Assess the other party’s BATNA.
• Step 4: Calculate the other party’s reservation value
• Step 5: Evaluate the ZOPA.”

39. Common Mistakes, Malhotra
• “1. You made the first offer when you were not in a strong position
to do so.
• 2. You made a first offer that was not sufficiently aggressive.
• 3. You talked but did not listen.
• 4. You tried to influence the other party but did not try to learn from
her.
• 5. You did not challenge your assumptions about the other party.
• 6. You miscalculated the ZOPA and did not reevaluate it during the
negotiation.
• 7. You made greater concessions than the other party did.”

40. Anchoring

41. How should you respond to their initial offer?
• Strategy 1: ignore the anchor”
• Strategy 2: separate information from influence”
• Strategy 3: avoid dwelling on their anchor”
• Strategy 4: make an anchored counteroffer, then propose
moderation”
• Strategy 5: give them time to moderate their offer without losing
face”

42. ILLUSTRATION OF OPENING MOVES
Defendan
t’s
Opening
Offer
Plaintiff’s
Reservati
on Figure
Defendant’
s
Reservatio
n Figure
Plaintiff’
s
Openin
g Offer
Zone of
Agreement
Insult
Zone
Credibl
e Zone
Reasonable
Zone
Credibl
e Zone
Insult
Zone

43. First Offer
IGNORE THE ANCHORIGNORE
SEPARATE INFORMATION FROM INFLUENCESEPARATE
AVOID DWELLING ON THEIR ANCHORAVOID
MAKE AN ANCHORED COUNTEROFFER, THEN PROPOSE MODERATIONMAKE
GIVE THEM TIME TO MODERATE THEIR OFFER WITHOUT LOSING FACEGIVE

44. • Set high, but realistic aspirations
• Consider the context and the relationship

45. HOW FAR
CAN I PUSH
THEM?
• Exhaust all pre-negotiation sources of
informationExhaust
• Identify your assumptions prior to the
negotiation.Identify
• Ask questions that challenge your
assumptions.Ask
• Ask indirect questions.Ask
• Protect yourself from lies and uncertainty
with contingency contracts.Protect