1. PRESENTATION Philippine froidbise
12/04/16
International negotiation and strategy

2. Table of content
Leonard Greenhalgh, The Case Against Winning In Negotiations, 3 Negot.J (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, , (1989)

3. The case against winning in negotiation
Leonard Greenhalgh
The case against winning in negotiation

4.  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!

5. 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

6. Differences in socialization of boys and girls
Victory-oriented games
Relationship-oriented games

7. 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

8. 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

9. Carrie menkel-meadow
Aha? Is creativity possible in legal problem solving and teachable in legal education

10. 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

11. 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?

12. 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”

13. 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

14. Peacemaking among primates
Frans de waal
Peacemaking among primates

15. Value of good relationships
Goal of conflict settlements: maintenance of relationships
Example: three10-year old boys finding money
Depending on: contested resource

16. agression Part of each and every human relationship
Not necessarily an inherently evil behavior
Possibility of constructive outcomes of conflict!
VS.

17. 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

18. Questions/comments?