PRESENTATION Philippine froidbise 12/04/16 International negotiation and strategy
Table of content Leonard Greenhalgh, The Case Against Winning In Negotiations, 3 Negot.J. 167. 167-73 (1987) Carrie Menkel-Meadow, Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Education, 6 Harv. Negotiation L. Rev. 97 (2001) Frans De Waal, Peacemaking Among Primates, 281-38, 269-71 (1989)
The case against winning in negotiation Leonard Greenhalgh The case against winning in negotiation
Winning implies losing! Vocabulary misuse Striking presence of the word « winning » “winning negotiation tactics” “win-win” situation “winner’s curse” Winning metaphor: inappropriate and dangerous Winning implies losing!
Winning as a masculine metaphor Prevalence of sports metaphors Avoid them in negotiations « keep one's eye on the ball» « play ball (with) » Military metaphors (ex war games) Sports metaphors more prevalent among males
Differences in socialization of boys and girls Victory-oriented games Relationship-oriented games
Pitfalls of win-lose metaphors (1/2) Zero-sum quality (one person’s gain = other person’s loss) In sports In negotiation Goal is to win Focus on mutual advantages
Pitfalls of win-lose metaphors (2/2) Sports emphasizes more on rules than relationships In sports In negotiation Stretch rules to the limit Don’t focus on the rules! Remember ethical considerations
Carrie menkel-meadow Aha? Is creativity possible in legal problem solving and teachable in legal education
Multiple intelligence theory Linguistic: word and language related Logical/Mathematical: use of logic Interpersonal: ability to work well with other people Intrapersonal: capacity to understand oneself Spatial: ability to achieve other states of consciousness
Avoiding narrow ways of thinking (1/2) Brain exercises/brainteasers Example: A surgeon is asked to rush to the operating room after a car accident. The surgeon is told a father and his son have been brought in, but the father has died and the son needs emergency surgery. Upon entering the Operating Room the surgeon gasps, “Oh my God, that’s my son!” How can this be?
Avoiding narrow ways of thinking (2/2) Answer: the surgeon is his mother Stereotypes Manipulation by the media Puzzles and brainteasers: expand the possible information and solution negotiators seek “Thinking out of the box”
Author’s techniques Some of the author’s suggestions and techniques for solving problems and enhancing creativity: 1. Use of analogy and use of metaphor 2. Challenging assumptions 3. Backward/forward thinking
Peacemaking among primates Frans de waal Peacemaking among primates
Value of good relationships Goal of conflict settlements: maintenance of relationships Example: three10-year old boys finding money Depending on: contested resource
agression Part of each and every human relationship Not necessarily an inherently evil behavior Possibility of constructive outcomes of conflict! VS.
forgiveness Sublime idea that we owe to religion FALSE All monkeys and apes engage in reconciliation behavior Stretching out a hand Kissing Embracing Smiling Reconciliation behavior shared heritage of the primate order
Questions/comments?