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McGill University
Desautels Faculty of Management
Montreal, Quebec, Canada
ORGB 633
THE ARCHITECTURE OF COMPLEX NEGOTIATIONS:
A SUSTAINABLE APPROACH
Professor: Pablo Restrepo-Sáenz
Office: Bronfman 501
Email: pablo.restrepo@mail.mcgill.ca
Webpage: www.tandemin.com
Assistant: Gina Ceolin Email: gina.ceolin@mcgill.ca
Phone 514-398-4000 ext. 09662
Course Hours:
Friday, January 17 8:30am-6:00pm
Saturday, January 18 8:30am-6:00pm
Tuesday, January 21 8:00am-10:00am
Thursday, January 23 8:00am-10:00am
Friday, January 24 8:00am-6:00pm
Saturday, January 25 8:00am-6:00pm
Negotiation is a fundamental tool to achieve one’s goals; yet research shows that 80% of
executives leave value on the negotiation table. An integrated approach looks at negotiation
beyond the traditional tactical view. We now understand that negotiations begin long before we sit
down at the table, and require much more than simply an effective interaction. In consequence we
look at the architecture of negotiation from three interrelated perspectives: The Context
(Strategic Arena), where the aim is to increase our strategic leverage and resources by looking
at how we can proactively change the context in which the negotiation takes place; The Value
Offer (Creative Arena), where, by means of a systematic analysis, we look for ways in which we
can increase the amount of value that the parties can bring to the negotiation table; and The
Negotiation Table (Tactical Arena), where we design the tactical means by which we can
maximize the amount of value to be captured, both by creating and by claiming more value.
In general, even though we realize that we will never be able to have all the information
necessary to create a complete frame of understanding to support the decision-making
processes, it is essential to become very effective at obtaining as much information as possible
in order to construct a deeper appreciation of the three fundamental “Arenas” of each
negotiation. In the seminar, we will therefore explore approaches that help negotiators increase
their effectiveness in this type of strategic information gathering, including, like good detectives,
more clearly recognizing which information the negotiator should be looking for.
In addition, we explore how people process the gathered information, how they create meaning
and make decisions - what one might label as The Cognitive Arena . Thus the seminar will
help participants’ become more cognizant of what influences them in their decision making, and
how others develop their own unique decision-making processes.
General Objectives of the Course:
Most human interactions, in one-way or another, are negotiations. Many times people fail to
realize that they are in a negotiation until it is too late, so they neither prepare appropriately nor
negotiate effectively. Negotiation is a fundamental skill for any person who wishes to succeed in
their personal and professional life, at every level,. Given the world’s increasing complexity,
interconnectedness, competitiveness, and the constant fear of scarcity that gets in the way of
people working together to build vibrant, prosperous societies and economies, negotiation skills
have become even more important now than they have ever been. The course (executive
workshop) addresses this extraordinarily demanding context, with three main objectives:
1. To demonstrate to participants the importance of negotiation as indispensable tool for
managing the full range of human interactions;
2. To increase participants’ awareness of the limits of their present negotiating capacity
and the shortcomings of the paradigms they have been using when negotiating; and
3. To offer participants a learning laboratory – a safe space and real opportunity to
practice negotiating and increase their capacities.
Specific Objectives of the Negotiations Course:
 To learn how to prepare effectively for a negotiation, including recognizing the significant
relationship between good preparation and the quality of the outcome;
 To understand the ways in which negotiation is an essential tool for creating value and
managing strategic relationships;
 To increase capacity to create and to claim value through a negotiation, while learning how
to balance the tension between collaboration and competition;
 To evaluate one’s own negotiation style, and subsequently, based on this personal
assessment and the concepts presented in the seminar,, develop a more effective style;
 To increase understanding of the impact that both trust among the parties and effective
communication have on negotiation outcomes;.
 To gain a more sophisticated understanding of how people acquire and process
information;
 To develop the skills needed to establish trust with counterparts;
 To increase negotiation capacity, including the capacity to influence other people;
 To acquire the theoretical and practical framework needed to establish a reliable and clear
“frame of understanding” for the context of a negotiation, and to be able to select effective
approaches and make correct decisions;
 To understand the role of asking good questions, not only as a means of acquiring
necessary information, but also as a way to generate a reflective process among
counterparts;
 To understand how to measure and evaluate the quality negotiation outcomes;
 To develop the capacity to be more accurate and empathetic in understanding the
counterpart’s perspective;
 To better understand the ethical questions encountered in negotiating;
 To better understand how culture impacts a negotiation;
 To acquire the discipline of “Zooming Out” when confronted with challenges in order to gain
a more systemic perspective of the “problem” and the context;
 To discern how one’s own “level of consciousness” affects his or her worldview.
Course Format:
The negotiations course is highly interactive, emphasizing role-plays, class discussions, and the
analysis of the links between processes and outcomes of effective negotiations. Because of the
interactive format, participants are better able to learn specific skills and to develop the confidence
they need to handle conflict and negotiation situations. Participants, therefore, control to a large
extent, how much he or she will improve their negotiating competencies as a result of the course.
Required Reading:
 Thompson, L.L. (2009). The Mind and Heart of the Negotiator (5th Ed). Upper Saddle
River, New Jersey, USA: Pearson Education, Inc.
(Can be purchased for a lower price online at http://www.safarix.com/)
 Coursepack (will be distributed in class)
Suggested Reading:
 Axelrod R.M. (1984). The Evolution of Cooperation. USA: Perseus Books Group.
 Bazerman M. & Neale M.A. (1992). Negotiating Rationally. New York, USA: The Free
Press.
 Brett J. (2007). Negotiating Globally (2nd Ed). San Francisco, USA: John Wiley & Sons,
Inc.
 Cialdini Robert B (2001). Influence: Science and Practice. Needham Heights,
Massachusetts, USA: Pearson Education, Inc.
 Elder L. & Paul R. (2004). The Minature Guide to the Human Mind (2nd Edition).
California, USA: Foundation for Critical Thinking.
 Ertel, D. (2000) Turning Negotiation into a Corporate Capability. Harvard Business
Review, 77: 55-60.
 Fisher R., Patton B. & Ury W.(1991). Getting to Yes: Negotiating Agreement without
Giving In. New York, U.S.A: Penguin Books.
 Fisher R. & Shapiro D. L. (2005) Beyond Reason: Using Emotions as You Negotiate.
New York, USA: Penguin Books.
 Galinsky A.D. & Medvec V.H. (2005) Putting More on the Table: How Making Multiple
Offers Can Increase the Final Value of the Deal.
 Galinsky, Adam D & Oesch, J.M. (2003) First Offers in Negotiations: Determinants and
Effects. 16th Annual IACM Conference Melbourne, Australia. Available at SSRN:
http://ssrn.com/abstract=399722 or doi:10.2139/ssrn.399722
 Kegan R. & Lahey L.(2010) From Subject to Object: A Constructive-Developmental
Approach to Reflective Practice. En N. Lyons (ed.), Handbook of Reflection and
Reflective Inquiry: Mapping a Way of Knowing. New York, USA: Springer Science .
 Hofstede G.H. (2001) Culture's Consequences: Comparing Values, Behaviors,
Institutions and Organizations Across Nations. California, USA: Sage Publications, Inc
 Kim C.W. & Mauborgne R. (2005) Blue Ocean Strategy: How to Create Uncontested
Market Space and Make Competition Irrelevant. Boston, U.S.A: HBS Press.
 Lax D.A. & Sebenius J. (2006). 3-D Negotiation: Powerful Tools to Change the Game in
Your Most Important Deals. Boston, U.S.A: HBS Press.
 Lytle Anne L., Brett J. M. & Shapiro D.L (2007) The Strategic use of Interests, Rights and
Power to Resolve Disputes. Negotiation Journal, 15, 31-51.
 Metcalfe D., Raiffa H. & Richardon J. (2002) Negotiation Analysis: The Science and Art of
Collaborative Decision Making. Boston, U.S.A: HBS Press.
 Mnookin R. H. (2010). Bargaining with the Devil: When to Negotiate, When to Fight. New
York, USA: Simon & Schuster.
 Raiffa H. (1982) The Art and Science of Negotiation.Boston, U.S.A: HBS Press.
 Robinson, R.J., Lewicki, RJ & Donanue, E.M. (2000). Extending and testing a five factor
model of ethical and unethical bargaining tactics: Introducing the SINS scale. Journal of
Organizational Behavior, 21, 649-664.
 Shell G.R. (2006). Bargaining for Advantage: Negotiation strategies for reasonable
people. New York, USA: Penguin Books.
 Subramanian G. (2010). Negotiauctions: New Dealmaking Strategies for a Competitive
Marketplace. New York, USA: W.W. Norton & Company.
 Thompson, L.L. (2008). Making the team: A Guide for Managers (3rd Ed). Upper
Saddle River, New Jersey, USA: Pearson Education, Inc.
Cases: Will be supplied in class.
Negotiations: Some of the negotiations will be conducted in class; others will be completed
outside of class.
Evaluation: Class Participation 15%
Attendance 15%
Preparatory Memorandum 20%
Final Exam 25%
Final Paper Interview 25%
Preparatory Memorandum:
After each simulation the instructor will collect the Preparatory Memoranda for each case, you
should submit a Memorandum for all cases, two of the Memorandums will be selected by the
instructor for grading. Since preparation is the most important part of the negotiation process, it
is expected that the Memoranda will include the concepts that have been developed in class
and in the assigned readings to date You will use the negotiation template provided in Mindjet
Software to prepare the negotiations. You should submit this template for every case along with
whatever other material you consider is necessary for good analysis and preparation.
It is the responsibility of participants the professor receives his or her or the Group´s Preparatory
Memoranda after each negotiation. The name of the case, the name(s) of the person or the
group submitting the Memoranda, and the date on which the case was negotiated should be
clearly written in the submission email to the professor. Some cases will be individual
negotiations; some others will be done in teams.
When the professor analyzes each case, he will be implicitly highlighting the preparation that
should have taken place. However, the professor will introduce new concepts in each session,
you are not expected to use concepts that had not previously been introduced in class or in the
readings.
The expectation is that in each new Memoranda, you will include the new concepts, ideas, tools,
etc. that have been covered previously in class and in the readings.
Some of the concepts that should be taken into account in the Memoranda, as the course
advances, are:
1. Positions of the parties, if they have already been stated or if they are obvious.
2. Interests, priorities, and preferences of the parties.
3. Issues that should be involved in the negotiation.
4. BATNAS of the parties.
5. Objective criteria that you will be using.
6. Your reservation points and targets for the main issues.
7. Questions you want to ask to get information you do not have.
8. Phases of the negotiation process, how will you approach each phase.
9. General tactics that you will be using (Anchoring, Reciprocity, etc) and how.
10.Any new ideas from the chapters you had to read.
11.Possible options for agreement.
12.First offer, if applicable, meaning, if you have enough information to design them.
It is understood that many times you will be making assumptions about the counterpart, but it is
expected that you will make intelligent assumptions, and will be clear about the information on
which the assumptions are based, that will need to be validated during the negotiation.
The following criteria will be considered in the grading the Memoranda:
 Depth
 Quality of analysis
 Intellectual understanding (how accurately you use concepts, methods, and
theories from the course).
 Creativity
 Effort
 Organization (overall presentation, how well the Memorandum is written and
structured).
Interview and Final Paper:
1. Group Members: Six Exactly
2. Length of the paper: Six double-spaced pages, not inclusive of graphs, tables,
references, etc.
3. Focus: You should select a prominent negotiator in any field who interests you; this is
important since the quality of the choice contributes to producing good work. The
interview should provide enough information, complexity and detail to produce a rich
critical analysis contrasting what you have learned in the course with the vision this
person has of negotiation and her approach to it. The interview should be framed within
the theory, concepts and tools developed throughout the course and proposed in the
required and suggested readings.
4. Proposal: A brief proposal describing the negotiator of choice, scope of the interview,
questions to be asked, purpose of each question and the group members. It should be
sent via Email to (pablo.restrepo@mail.mcgill.ca) the last day of class. I will only write
back to you if I feel you are of track to give you suggestions in relation to the questions,
or to suggest that you chose a different person to interview.
5. Objective: The purpose of this paper is to provide the student with the opportunity to
useg the framework developed in the course to do a sophisticated interview and analysis
of the skills, best practices and strategies used by a prominent negotiator. A
sophisticated negotiator is one who has an intricate capacity to understand and define
the problem at hand, sees multiple aspects of the issue(s) and creates a perspective that
an untrained person would be unlikely to notice or fully understand. .
6. Criteria for evaluation: The final project should emphasize analysis, rather than
description of what was said in the interview; it should also be structured in terms of
analysis rather than in terms of chronology or description of what was said. The following
criteria will be considered in the grading of final interview:
 Depth
 Quality of analysis
 Intellectual understanding (how accurately are the concepts, methods, and
theories from the course used?).
 Creativity
 Effort
 Organization (Overall presentation, how well is the paper written and structured).
All data and information sources must be referenced and properly cited within the paper. .
7. Deadline: The final paper should be sent to the Professor by email. No later than two
weeks after the last day of class.
8. Frequent Feedback to take into account:
 I am not looking for a summary of the concepts developed in the readings and in
class, but for the use of the concepts in the analysis of the interview.
 In my experience, the best papers are those in which the student is clear about the
objectives of the interview and the questions that will be used to reach that
objective. Therefore, in the interview proposal, you should list the questions and
the purpose of each question: what are you trying to explore or understand
through the question?
 Better papers explore the more complex and counterintuitive concepts, rather than
focusing on the obvious ones. This makes for a more interesting and rich interview
and analysis.
Team grade:
Your grade for the final paper will be affected up or down as a result of the grade given to you
by your teammates. Each team member will grade the rest of the members of the group by
distributing 100 points among them –without grading him or herself -- (Example for a group of 6
participants: Jeff 23, Anne 22, Peter 20, Mary 18, Monica 17) no two members can have the
same grade. These grades should be sent at the same time as the final paper.
Use of references:
It is expected that both in the preparatory Memorandums and in the final paper that each
participant will refer to the readings for the course. The use of concepts from the book
will be taken into account for your grade.
Rules of attendance:
THE COURSE IS HIGHLY INTERACTIVE AND THE MOST IMPORTANT LEARNING TAKES
PLACE DURING CLASS TIME. ATTENDANCE IS THEREFORE MANDATORY. EACH TIME
YOU MISS HALF A DAY YOU WILL LOSE 30 POINTS (FROM THE 100-POINT BASE) IN
YOUR ATTENDANCE GRADE, AND ANY TIME YOU ARRIVE LATE (OR LEAVE EARLY)
YOU WILL LOSE 15 POINTS. IF YOU DO NOT TURN IN A PREPARATORY MEMORANDA
AS A RESULT OF NOT BEING IN CLASS AT THAT TIME, YOU WILL GET 0 IN THIS MARK
IF THE MEMORANDUM IS CHOSEN TO BE GRADED, THE GRADE CANNOT BE
COMPENSATED WITH ANOTHER TYPE OF ASSIGNMENT. IF YOU KNOW THAT YOU
WILL NEED TO MISS MORE THAN HALF A DAY, YOU SHOULD NOT ENROLL IN THE
COURSE.
Contacting the Professor: Email
All emails to the professor should be sent to pablo.restrepo@mail.mcgill.ca. The Subject
Field in the Email should indicate the name of the Course “ORGB633” the subject of the
Email (for example: “Final Paper Submission”) and the session (for example “Winter
Session 2010”).
Class Protocol:
Use of computers and mobile devices is not permitted during class lectures. Computers
and mobile devices are permitted during negotiation simulations as well as during
preparation for in-class negotiations.
Mindmaps:
As part of the practical tools, you will be using Mindmaps to prepare your negotiations
and present your Preparation Memoranda. This is an intuitive and extremely useful tool
to analyze complex problems and document discussions. You must download to your
computer the Free Trial (30-day) Version of Mindmap from Mind Manager, before the first
class.
http://www.mindjet.com/form-mindmanager/
Detailed Seminar Outline:
1. First Session (Introduction and Systemic Perspective) (Day 1):
 Required Reading and Preparation: Chapter 2-Preparation: What to Do Before
Negotiation; Chapter 3-Distributive Negotiation: Slicing the Pie from Thompson, L.L.
(2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey,
USA: Pearson Education, Inc..
 Introductory exercise: Taping into your own experience.
 What is a systemic perspective?
 Case #1: Distributive Bargaining: “Biopharm-Seltex Negotiation”.
 Cognitive Biases
 Framing effectively
 The effect of Anchors
 What is the main source of power in negotiation and how we can increase it
 Best Practices to claim value
 Case #2: Integrative Bargaining: “Texoil”.
 The negotiation process: Concentrate on the process not on the outcome.
 Strengthening Relationships
 Information Gathering: What information to share, what information not to share.
 Best Practices to create value
2. Second Session (Tactics) (Day 2):
 Required Reading and Preparation: Chapter 4-Win-Win Negotiation: Expanding the
Pie; and Chapter 5-Developing a Negotiation Style from Thompson, L.L. (2009). The
Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA:
Pearson Education, Inc..
 Case #3: A Negotiation Model, Preparation and Results. “The Power Screen Problem”.
 What is a good outcome in negotiation?
 The negotiation process
 The art of asking good questions
 Video #1: “The Power Screen Problem”.
3. Third Session and Fourth (Value Creation) (Day 3 and 4):
 Required Reading and Preparation: Chapter 10-Cross-Cultural Negotiation from
Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle
River, New Jersey, USA: Pearson Education, Inc..
 Case #4: Compatible, distributive and integrative issues: “Recruit”.
 Deal Design
 Why a point system in complex negotiations?
 MESOS: Multiple Equivalent Simultaneous Offers
 Direct and Indirect Information Gathering
 The Value of differences
 More Best Practices to create and claim value
 Case #5: Advanced concepts for value creation and the impact of culture: “Cartoon”.
 Value creation through differences
 The impact of culture in negotiation
 Statistics from different cultures on value creation)
4. Fifth Session (Strategy) (Day 5):
 Required Reading and Preparation: Chapter 9-Multi-Parties, Coalitions, and Teams
from Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper
Saddle River, New Jersey, USA: Pearson Education, Inc..
 Video #2: “Sluggers come home”
 Case #6: Multilateral Negotiations: “Harborco”
 Multiparty negotiations
 Coalitions
 Impact of process and sequence on the negotiation
 Actors: Decision Makers, Influencers and Implementers
5. Sixth Session (Tactics, Value Creation, and Strategy) (Day 6):
 Required Reading and Preparation: Chapter 6-Establishing Trust and Building a
Relationship; Chapter 7-Power, Persuasion, and Ethics from Thompson, L.L. (2009).
The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA:
Pearson Education, Inc. and Manwaring M. (2006).
 Case #7: Power and Rights vs. Interests and Principles. “Viking”
 Power, Rights and Interests approaches
 Emotions
 Disputes
 Difficult negotiations
 A fundamental reflection: our cognitive challenges and our immunity to change: How to
really become a better negotiator?
Pablo Restrepo
Mr. Restrepo has been working for 18 years as a consultant and professor in business strategy
and negotiation with international contexts in both the private and public sectors. He is the
Founder and President of Tandem insourcing, an international consulting boutique based in
Colombia that specializes in negotiation, strategy, innovation, and leadership. He has consulted
to and trained negotiators at hundreds of corporations and organizations in the Americas,
Europe, Africa, the Middle East and Asia.
Mr. Restrepo has been a professor at McGill University since 2001, and at Universidad de los
Andes since 1993. He has trained for the ICCCR (International Center for Cooperation and
Conflict Resolution) at Columbia University for several years as an instructor for their program
with the United Nations in New York, Santiago de Chile, Copenhagen, Beirut, Vienna, Geneva,
and Mexico City.


He is currently a member of KIN (The Kellogg Innovation Network), of KAC Latin America
(Kellogg Alumni Council for Latin America) and KEAN (Kellogg Executive MBA Admissions
Network).
Mr. Restrepo lived in France and in the United States while studying for his B.S. and B.A. at
Columbia University and Depauw University respectively. He has an MBA from Universidad de
los Andes, and an EMBA from Kellogg University. His mother tongue is Spanish and is also
fluent in English and French.
Language:
In accord with McGill University’s Charter of Students’ Rights, students in this course have the
right to submit in English or in French any written work that is to be graded. This right applies to
all written work that is to be graded, from one-word answers to dissertations.
Academic Integrity:
McGill University values academic integrity. Therefore all students must understand the
meaning and consequences of cheating, plagiarism and other academic offences under the
Code of Student Conduct and Disciplinary Procedures (see www.mcgill.ca/integrity for more
information).
L'université McGill attache une haute importance à l’honnêteté académique. Il incombe par
conséquent à tous les étudiants de comprendre ce que l'on entend par tricherie, plagiat et
autres infractions académiques, ainsi que les conséquences que peuvent avoir de telles
actions, selon le Code de conduite de l'étudiant et des procédures disciplinaires (pour de plus
amples renseignements, veuillez consulter le site www.mcgill.ca/integrity).

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Jurnal 6
 

ORGB 633 Negotiation McGill MBA Winter 2014

  • 1. McGill University Desautels Faculty of Management Montreal, Quebec, Canada ORGB 633 THE ARCHITECTURE OF COMPLEX NEGOTIATIONS: A SUSTAINABLE APPROACH Professor: Pablo Restrepo-Sáenz Office: Bronfman 501 Email: pablo.restrepo@mail.mcgill.ca Webpage: www.tandemin.com Assistant: Gina Ceolin Email: gina.ceolin@mcgill.ca Phone 514-398-4000 ext. 09662 Course Hours: Friday, January 17 8:30am-6:00pm Saturday, January 18 8:30am-6:00pm Tuesday, January 21 8:00am-10:00am Thursday, January 23 8:00am-10:00am Friday, January 24 8:00am-6:00pm Saturday, January 25 8:00am-6:00pm Negotiation is a fundamental tool to achieve one’s goals; yet research shows that 80% of executives leave value on the negotiation table. An integrated approach looks at negotiation beyond the traditional tactical view. We now understand that negotiations begin long before we sit down at the table, and require much more than simply an effective interaction. In consequence we look at the architecture of negotiation from three interrelated perspectives: The Context (Strategic Arena), where the aim is to increase our strategic leverage and resources by looking at how we can proactively change the context in which the negotiation takes place; The Value Offer (Creative Arena), where, by means of a systematic analysis, we look for ways in which we can increase the amount of value that the parties can bring to the negotiation table; and The Negotiation Table (Tactical Arena), where we design the tactical means by which we can maximize the amount of value to be captured, both by creating and by claiming more value. In general, even though we realize that we will never be able to have all the information necessary to create a complete frame of understanding to support the decision-making processes, it is essential to become very effective at obtaining as much information as possible in order to construct a deeper appreciation of the three fundamental “Arenas” of each negotiation. In the seminar, we will therefore explore approaches that help negotiators increase their effectiveness in this type of strategic information gathering, including, like good detectives, more clearly recognizing which information the negotiator should be looking for. In addition, we explore how people process the gathered information, how they create meaning and make decisions - what one might label as The Cognitive Arena . Thus the seminar will help participants’ become more cognizant of what influences them in their decision making, and how others develop their own unique decision-making processes. General Objectives of the Course:
  • 2. Most human interactions, in one-way or another, are negotiations. Many times people fail to realize that they are in a negotiation until it is too late, so they neither prepare appropriately nor negotiate effectively. Negotiation is a fundamental skill for any person who wishes to succeed in their personal and professional life, at every level,. Given the world’s increasing complexity, interconnectedness, competitiveness, and the constant fear of scarcity that gets in the way of people working together to build vibrant, prosperous societies and economies, negotiation skills have become even more important now than they have ever been. The course (executive workshop) addresses this extraordinarily demanding context, with three main objectives: 1. To demonstrate to participants the importance of negotiation as indispensable tool for managing the full range of human interactions; 2. To increase participants’ awareness of the limits of their present negotiating capacity and the shortcomings of the paradigms they have been using when negotiating; and 3. To offer participants a learning laboratory – a safe space and real opportunity to practice negotiating and increase their capacities. Specific Objectives of the Negotiations Course:  To learn how to prepare effectively for a negotiation, including recognizing the significant relationship between good preparation and the quality of the outcome;  To understand the ways in which negotiation is an essential tool for creating value and managing strategic relationships;  To increase capacity to create and to claim value through a negotiation, while learning how to balance the tension between collaboration and competition;  To evaluate one’s own negotiation style, and subsequently, based on this personal assessment and the concepts presented in the seminar,, develop a more effective style;  To increase understanding of the impact that both trust among the parties and effective communication have on negotiation outcomes;.  To gain a more sophisticated understanding of how people acquire and process information;  To develop the skills needed to establish trust with counterparts;  To increase negotiation capacity, including the capacity to influence other people;  To acquire the theoretical and practical framework needed to establish a reliable and clear “frame of understanding” for the context of a negotiation, and to be able to select effective approaches and make correct decisions;  To understand the role of asking good questions, not only as a means of acquiring necessary information, but also as a way to generate a reflective process among counterparts;  To understand how to measure and evaluate the quality negotiation outcomes;  To develop the capacity to be more accurate and empathetic in understanding the counterpart’s perspective;  To better understand the ethical questions encountered in negotiating;  To better understand how culture impacts a negotiation;  To acquire the discipline of “Zooming Out” when confronted with challenges in order to gain a more systemic perspective of the “problem” and the context;  To discern how one’s own “level of consciousness” affects his or her worldview. Course Format: The negotiations course is highly interactive, emphasizing role-plays, class discussions, and the analysis of the links between processes and outcomes of effective negotiations. Because of the
  • 3. interactive format, participants are better able to learn specific skills and to develop the confidence they need to handle conflict and negotiation situations. Participants, therefore, control to a large extent, how much he or she will improve their negotiating competencies as a result of the course. Required Reading:  Thompson, L.L. (2009). The Mind and Heart of the Negotiator (5th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc. (Can be purchased for a lower price online at http://www.safarix.com/)  Coursepack (will be distributed in class) Suggested Reading:  Axelrod R.M. (1984). The Evolution of Cooperation. USA: Perseus Books Group.  Bazerman M. & Neale M.A. (1992). Negotiating Rationally. New York, USA: The Free Press.  Brett J. (2007). Negotiating Globally (2nd Ed). San Francisco, USA: John Wiley & Sons, Inc.  Cialdini Robert B (2001). Influence: Science and Practice. Needham Heights, Massachusetts, USA: Pearson Education, Inc.  Elder L. & Paul R. (2004). The Minature Guide to the Human Mind (2nd Edition). California, USA: Foundation for Critical Thinking.  Ertel, D. (2000) Turning Negotiation into a Corporate Capability. Harvard Business Review, 77: 55-60.  Fisher R., Patton B. & Ury W.(1991). Getting to Yes: Negotiating Agreement without Giving In. New York, U.S.A: Penguin Books.  Fisher R. & Shapiro D. L. (2005) Beyond Reason: Using Emotions as You Negotiate. New York, USA: Penguin Books.  Galinsky A.D. & Medvec V.H. (2005) Putting More on the Table: How Making Multiple Offers Can Increase the Final Value of the Deal.  Galinsky, Adam D & Oesch, J.M. (2003) First Offers in Negotiations: Determinants and Effects. 16th Annual IACM Conference Melbourne, Australia. Available at SSRN: http://ssrn.com/abstract=399722 or doi:10.2139/ssrn.399722  Kegan R. & Lahey L.(2010) From Subject to Object: A Constructive-Developmental Approach to Reflective Practice. En N. Lyons (ed.), Handbook of Reflection and Reflective Inquiry: Mapping a Way of Knowing. New York, USA: Springer Science .  Hofstede G.H. (2001) Culture's Consequences: Comparing Values, Behaviors, Institutions and Organizations Across Nations. California, USA: Sage Publications, Inc  Kim C.W. & Mauborgne R. (2005) Blue Ocean Strategy: How to Create Uncontested Market Space and Make Competition Irrelevant. Boston, U.S.A: HBS Press.  Lax D.A. & Sebenius J. (2006). 3-D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals. Boston, U.S.A: HBS Press.  Lytle Anne L., Brett J. M. & Shapiro D.L (2007) The Strategic use of Interests, Rights and Power to Resolve Disputes. Negotiation Journal, 15, 31-51.  Metcalfe D., Raiffa H. & Richardon J. (2002) Negotiation Analysis: The Science and Art of Collaborative Decision Making. Boston, U.S.A: HBS Press.  Mnookin R. H. (2010). Bargaining with the Devil: When to Negotiate, When to Fight. New York, USA: Simon & Schuster.
  • 4.  Raiffa H. (1982) The Art and Science of Negotiation.Boston, U.S.A: HBS Press.  Robinson, R.J., Lewicki, RJ & Donanue, E.M. (2000). Extending and testing a five factor model of ethical and unethical bargaining tactics: Introducing the SINS scale. Journal of Organizational Behavior, 21, 649-664.  Shell G.R. (2006). Bargaining for Advantage: Negotiation strategies for reasonable people. New York, USA: Penguin Books.  Subramanian G. (2010). Negotiauctions: New Dealmaking Strategies for a Competitive Marketplace. New York, USA: W.W. Norton & Company.  Thompson, L.L. (2008). Making the team: A Guide for Managers (3rd Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc. Cases: Will be supplied in class. Negotiations: Some of the negotiations will be conducted in class; others will be completed outside of class. Evaluation: Class Participation 15% Attendance 15% Preparatory Memorandum 20% Final Exam 25% Final Paper Interview 25% Preparatory Memorandum: After each simulation the instructor will collect the Preparatory Memoranda for each case, you should submit a Memorandum for all cases, two of the Memorandums will be selected by the instructor for grading. Since preparation is the most important part of the negotiation process, it is expected that the Memoranda will include the concepts that have been developed in class and in the assigned readings to date You will use the negotiation template provided in Mindjet Software to prepare the negotiations. You should submit this template for every case along with whatever other material you consider is necessary for good analysis and preparation. It is the responsibility of participants the professor receives his or her or the Group´s Preparatory Memoranda after each negotiation. The name of the case, the name(s) of the person or the group submitting the Memoranda, and the date on which the case was negotiated should be clearly written in the submission email to the professor. Some cases will be individual negotiations; some others will be done in teams. When the professor analyzes each case, he will be implicitly highlighting the preparation that should have taken place. However, the professor will introduce new concepts in each session, you are not expected to use concepts that had not previously been introduced in class or in the readings. The expectation is that in each new Memoranda, you will include the new concepts, ideas, tools, etc. that have been covered previously in class and in the readings. Some of the concepts that should be taken into account in the Memoranda, as the course advances, are: 1. Positions of the parties, if they have already been stated or if they are obvious.
  • 5. 2. Interests, priorities, and preferences of the parties. 3. Issues that should be involved in the negotiation. 4. BATNAS of the parties. 5. Objective criteria that you will be using. 6. Your reservation points and targets for the main issues. 7. Questions you want to ask to get information you do not have. 8. Phases of the negotiation process, how will you approach each phase. 9. General tactics that you will be using (Anchoring, Reciprocity, etc) and how. 10.Any new ideas from the chapters you had to read. 11.Possible options for agreement. 12.First offer, if applicable, meaning, if you have enough information to design them. It is understood that many times you will be making assumptions about the counterpart, but it is expected that you will make intelligent assumptions, and will be clear about the information on which the assumptions are based, that will need to be validated during the negotiation. The following criteria will be considered in the grading the Memoranda:  Depth  Quality of analysis  Intellectual understanding (how accurately you use concepts, methods, and theories from the course).  Creativity  Effort  Organization (overall presentation, how well the Memorandum is written and structured). Interview and Final Paper: 1. Group Members: Six Exactly 2. Length of the paper: Six double-spaced pages, not inclusive of graphs, tables, references, etc. 3. Focus: You should select a prominent negotiator in any field who interests you; this is important since the quality of the choice contributes to producing good work. The interview should provide enough information, complexity and detail to produce a rich critical analysis contrasting what you have learned in the course with the vision this person has of negotiation and her approach to it. The interview should be framed within the theory, concepts and tools developed throughout the course and proposed in the required and suggested readings. 4. Proposal: A brief proposal describing the negotiator of choice, scope of the interview, questions to be asked, purpose of each question and the group members. It should be sent via Email to (pablo.restrepo@mail.mcgill.ca) the last day of class. I will only write back to you if I feel you are of track to give you suggestions in relation to the questions, or to suggest that you chose a different person to interview. 5. Objective: The purpose of this paper is to provide the student with the opportunity to useg the framework developed in the course to do a sophisticated interview and analysis of the skills, best practices and strategies used by a prominent negotiator. A sophisticated negotiator is one who has an intricate capacity to understand and define the problem at hand, sees multiple aspects of the issue(s) and creates a perspective that an untrained person would be unlikely to notice or fully understand. .
  • 6. 6. Criteria for evaluation: The final project should emphasize analysis, rather than description of what was said in the interview; it should also be structured in terms of analysis rather than in terms of chronology or description of what was said. The following criteria will be considered in the grading of final interview:  Depth  Quality of analysis  Intellectual understanding (how accurately are the concepts, methods, and theories from the course used?).  Creativity  Effort  Organization (Overall presentation, how well is the paper written and structured). All data and information sources must be referenced and properly cited within the paper. . 7. Deadline: The final paper should be sent to the Professor by email. No later than two weeks after the last day of class. 8. Frequent Feedback to take into account:  I am not looking for a summary of the concepts developed in the readings and in class, but for the use of the concepts in the analysis of the interview.  In my experience, the best papers are those in which the student is clear about the objectives of the interview and the questions that will be used to reach that objective. Therefore, in the interview proposal, you should list the questions and the purpose of each question: what are you trying to explore or understand through the question?  Better papers explore the more complex and counterintuitive concepts, rather than focusing on the obvious ones. This makes for a more interesting and rich interview and analysis. Team grade: Your grade for the final paper will be affected up or down as a result of the grade given to you by your teammates. Each team member will grade the rest of the members of the group by distributing 100 points among them –without grading him or herself -- (Example for a group of 6 participants: Jeff 23, Anne 22, Peter 20, Mary 18, Monica 17) no two members can have the same grade. These grades should be sent at the same time as the final paper. Use of references: It is expected that both in the preparatory Memorandums and in the final paper that each participant will refer to the readings for the course. The use of concepts from the book will be taken into account for your grade. Rules of attendance: THE COURSE IS HIGHLY INTERACTIVE AND THE MOST IMPORTANT LEARNING TAKES PLACE DURING CLASS TIME. ATTENDANCE IS THEREFORE MANDATORY. EACH TIME YOU MISS HALF A DAY YOU WILL LOSE 30 POINTS (FROM THE 100-POINT BASE) IN YOUR ATTENDANCE GRADE, AND ANY TIME YOU ARRIVE LATE (OR LEAVE EARLY) YOU WILL LOSE 15 POINTS. IF YOU DO NOT TURN IN A PREPARATORY MEMORANDA AS A RESULT OF NOT BEING IN CLASS AT THAT TIME, YOU WILL GET 0 IN THIS MARK IF THE MEMORANDUM IS CHOSEN TO BE GRADED, THE GRADE CANNOT BE
  • 7. COMPENSATED WITH ANOTHER TYPE OF ASSIGNMENT. IF YOU KNOW THAT YOU WILL NEED TO MISS MORE THAN HALF A DAY, YOU SHOULD NOT ENROLL IN THE COURSE. Contacting the Professor: Email All emails to the professor should be sent to pablo.restrepo@mail.mcgill.ca. The Subject Field in the Email should indicate the name of the Course “ORGB633” the subject of the Email (for example: “Final Paper Submission”) and the session (for example “Winter Session 2010”). Class Protocol: Use of computers and mobile devices is not permitted during class lectures. Computers and mobile devices are permitted during negotiation simulations as well as during preparation for in-class negotiations. Mindmaps: As part of the practical tools, you will be using Mindmaps to prepare your negotiations and present your Preparation Memoranda. This is an intuitive and extremely useful tool to analyze complex problems and document discussions. You must download to your computer the Free Trial (30-day) Version of Mindmap from Mind Manager, before the first class. http://www.mindjet.com/form-mindmanager/ Detailed Seminar Outline: 1. First Session (Introduction and Systemic Perspective) (Day 1):  Required Reading and Preparation: Chapter 2-Preparation: What to Do Before Negotiation; Chapter 3-Distributive Negotiation: Slicing the Pie from Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc..  Introductory exercise: Taping into your own experience.  What is a systemic perspective?  Case #1: Distributive Bargaining: “Biopharm-Seltex Negotiation”.  Cognitive Biases  Framing effectively  The effect of Anchors  What is the main source of power in negotiation and how we can increase it  Best Practices to claim value  Case #2: Integrative Bargaining: “Texoil”.  The negotiation process: Concentrate on the process not on the outcome.  Strengthening Relationships  Information Gathering: What information to share, what information not to share.  Best Practices to create value 2. Second Session (Tactics) (Day 2):  Required Reading and Preparation: Chapter 4-Win-Win Negotiation: Expanding the Pie; and Chapter 5-Developing a Negotiation Style from Thompson, L.L. (2009). The
  • 8. Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc..  Case #3: A Negotiation Model, Preparation and Results. “The Power Screen Problem”.  What is a good outcome in negotiation?  The negotiation process  The art of asking good questions  Video #1: “The Power Screen Problem”. 3. Third Session and Fourth (Value Creation) (Day 3 and 4):  Required Reading and Preparation: Chapter 10-Cross-Cultural Negotiation from Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc..  Case #4: Compatible, distributive and integrative issues: “Recruit”.  Deal Design  Why a point system in complex negotiations?  MESOS: Multiple Equivalent Simultaneous Offers  Direct and Indirect Information Gathering  The Value of differences  More Best Practices to create and claim value  Case #5: Advanced concepts for value creation and the impact of culture: “Cartoon”.  Value creation through differences  The impact of culture in negotiation  Statistics from different cultures on value creation) 4. Fifth Session (Strategy) (Day 5):  Required Reading and Preparation: Chapter 9-Multi-Parties, Coalitions, and Teams from Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc..  Video #2: “Sluggers come home”  Case #6: Multilateral Negotiations: “Harborco”  Multiparty negotiations  Coalitions  Impact of process and sequence on the negotiation  Actors: Decision Makers, Influencers and Implementers 5. Sixth Session (Tactics, Value Creation, and Strategy) (Day 6):  Required Reading and Preparation: Chapter 6-Establishing Trust and Building a Relationship; Chapter 7-Power, Persuasion, and Ethics from Thompson, L.L. (2009). The Mind and Heart of the Negotiator (4th Ed). Upper Saddle River, New Jersey, USA: Pearson Education, Inc. and Manwaring M. (2006).  Case #7: Power and Rights vs. Interests and Principles. “Viking”  Power, Rights and Interests approaches  Emotions  Disputes  Difficult negotiations  A fundamental reflection: our cognitive challenges and our immunity to change: How to really become a better negotiator? Pablo Restrepo
  • 9. Mr. Restrepo has been working for 18 years as a consultant and professor in business strategy and negotiation with international contexts in both the private and public sectors. He is the Founder and President of Tandem insourcing, an international consulting boutique based in Colombia that specializes in negotiation, strategy, innovation, and leadership. He has consulted to and trained negotiators at hundreds of corporations and organizations in the Americas, Europe, Africa, the Middle East and Asia. Mr. Restrepo has been a professor at McGill University since 2001, and at Universidad de los Andes since 1993. He has trained for the ICCCR (International Center for Cooperation and Conflict Resolution) at Columbia University for several years as an instructor for their program with the United Nations in New York, Santiago de Chile, Copenhagen, Beirut, Vienna, Geneva, and Mexico City.

 He is currently a member of KIN (The Kellogg Innovation Network), of KAC Latin America (Kellogg Alumni Council for Latin America) and KEAN (Kellogg Executive MBA Admissions Network). Mr. Restrepo lived in France and in the United States while studying for his B.S. and B.A. at Columbia University and Depauw University respectively. He has an MBA from Universidad de los Andes, and an EMBA from Kellogg University. His mother tongue is Spanish and is also fluent in English and French. Language: In accord with McGill University’s Charter of Students’ Rights, students in this course have the right to submit in English or in French any written work that is to be graded. This right applies to all written work that is to be graded, from one-word answers to dissertations. Academic Integrity: McGill University values academic integrity. Therefore all students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Code of Student Conduct and Disciplinary Procedures (see www.mcgill.ca/integrity for more information). L'université McGill attache une haute importance à l’honnêteté académique. Il incombe par conséquent à tous les étudiants de comprendre ce que l'on entend par tricherie, plagiat et autres infractions académiques, ainsi que les conséquences que peuvent avoir de telles actions, selon le Code de conduite de l'étudiant et des procédures disciplinaires (pour de plus amples renseignements, veuillez consulter le site www.mcgill.ca/integrity).