1. McGraw-Hill/Irwin
Copyright © 2010 by The McGraw-Hill Companies, Inc. All rights reserved.

2. Managing Negotiation Impasses
CHAPTER SEVENTEEN
Managing Negotiation Impasses

3. The Nature of “Difficult-to-Resolve” Negotiations and Why They Occur
The nature of impasse
What causes impasses and intractable negotiations?
Characteristics of the issues
Characteristics of the conflict resolution process
Characteristics of the parties
Characteristics of the negotiation environment
Characteristics of the negotiation setting
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4. The Nature of Impasse
Impasse is a condition or state of the conflict in which there is no apparent quick or easy resolution
Impasse is not necessarily bad or destructive
Impasse does not have to be permanent
Impasse can be tactical or genuine
Tactical impasse: parties deliberately refuse to proceed as a way to gain leverage
Genuine impasse: parties feel unable to move forward without sacrificing something important
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5. The Nature of Impasse Impasse perceptions can differ from reality
The perception of impasse can be created by an intransigent negotiator who is looking to extract concessions from the other party
Intransigence can be defined as a party’s unwillingness to move to any fallback position through concession or compromise
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6. What Causes Impasses and Intractable Negotiations?
A negotiation becomes more tractable when it becomes easier to resolve, and intractable when it is more difficult to resolve
Intractable conflicts vary along four dimensions
Divisiveness
Intensity
Pervasiveness
Complexity
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7. Characteristics of the Issues
Value differences
Vary from minor differences to major differences in ideology, lifestyle, of what is considered sacred and critical
High-stakes distributive bargaining
Parties may have inflated their negotiating positions to the point where there is no apparent zone of agreement
Risk to human health and safety
The threat to human welfare is clear and apparent
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8. Characteristics of the Conflict Resolution Process
Processes that increase the likelihood of impasse:
The atmosphere is charged with anger, frustration and resentment
Channels of communication are closed or constrained
Original issues have become blurred and ill defined
Parties tend to perceive great differences in their respective positions
As anger and tension increase, parties become locked in their initial positions
Those on the same side view each other favorably.
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9. Characteristics of the Parties
How one defines one’s self
Comparing one’s self to others
Perceptions of power
Revenge and anger
Conflict management styles
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10. Characteristics of the Parties
How one defines one’s self
Identity – “Who am I?”
Conflict occurs when people’s identities are threatened
Comparing one’s self to others
Characterization – “Who are they?”
Blame others when things go wrong, take credit for successes
Perceptions of power
A negotiator may bargain tough because they believe they can effectively exercise coercive power
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11. Characteristics of the Parties
Revenge and anger
To correct injustice
To stand up and express one’s self-worth
To deter future occurrences of undesirable behaviors
Conflict management styles
Parties often avoid conflict in creative ways:
Aggressive avoidance—intimidate others to keep them away
Passive avoidance—try to ignore the other
Passive aggressive avoidance—blame the other party and walk away
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12. Characteristics of the Parties
Conflict management styles (cont.)
Avoidance by claiming hopelessness — “What’s the use…?”
Avoidance through surrogates — use a “surrogate” to take the other on
Avoidance through denial — make believe it isn’t there
Avoidance through premature problem solving — “I fixed everything.”
Avoidance by folding — “We’ll do it your way; now can we talk about something else?”
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13. Characteristics of the Negotiation Environment
Renegotiations of existing agreements occur frequently and are in response to three situations:
Postdeal negotiations – occur as an existing agreement is expiring
Intradeal negotiations – occur when an agreement states that negotiations should be reopened at specific intervals
Extradeal negotiations – occur when there is a violation of the contract
Have the largest probability of leading to impasse as a result of a large shift in the environment
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14. Characteristics of the Negotiation Setting
Changing locations can be a new start
Temporal (time) issues
Earlier compromises re-packaged may break impasse
Relational issues
Replacing an aggressive team member can signal change
Cultural issues
Changing strategy can change attitudes (i.e. bring in a mediator)
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15. Fundamental Mistakes that Cause Impasses
Neglecting the other side’s problem
Too much of a focus on price
Positions over interests
Too much focus on common ground
Neglecting BATNAs
Adjusting perceptions during the negotiation
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16. How to Resolve Impasses
Impasses need to be resolved on three levels:
Cognitive resolution
Change how the parties view the situation
Emotional resolution
Change how the parties feel about the impasse
Behavioral resolution
Specify ways the parties can stop difficult conflict dynamics
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17. Strategies for Resolving Impasses
Reaching agreement on rules and procedures
Reducing tension and synchronizing de-escalation of hostility
Improving the accuracy of communication
Controlling the number and size of issues
Establishing common ground
Enhancing the desirability of options and alternatives
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18. Strategies for Resolving Impasses
Reaching agreement on rules and procedures
Obtain mutual agreement about the rules that will govern the negotiation
Determine a site for a meeting
Set a formal agenda
Determine who may attend the meetings
Set time limits for individual meetings
Set procedural rules
Follow specific dos and don’ts
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19. Strategies for Resolving Impasses
Reducing tension and synchronizing de-escalation
Separate the parties
Manage tension
Acknowledge the other’s feelings: active listening
Synchronize de-escalation
Decide on a small concession that each side could make to signal good faith
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20. Strategies for Resolving Impasses
Improving the accuracy of communication
Role reversal
Imaging: parties engage in the following activities
1. how they see themselves
2. how the other party appears to them
3. how they think the other party would describe them
4. how they think the other party sees themselves
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21. Strategies for Resolving Impasses
Controlling the number and size of issues
Fractionate the negotiation
Reduce the number of parties on each side
Control the number of substantive issues involved
State issues in concrete terms rather than as principles
Restrict the precedents involved, both procedural and substantive
Search for ways to divide the big issues
Depersonalize issues: Separate them from the parties advocating them
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22. Strategies for Resolving Impasses
Establishing common ground
Superordinate goals
Common enemies
Common expectations
Manage time constraints and deadlines
Reframe the parties’ view of each other
Build trust
Search for semantic resolutions
Use analogical reasoning
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23. Strategies for Resolving Impasses
Enhancing the desirability of options to the other party
Give the other party a “yesable” proposal
Ask for a different decision
Sweeten the offer rather than intensifying the threat
Use legitimacy or objective criteria to evaluate solutions
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