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WHAT WE KNOW. TIT for TAT. The most effective negotiation strategy is very simple. “Dancing” is inevitable. Some rules of thumb. Who should blink first?. The anchoring effect Is the population of Iraq more or less than 5M? What is the population of Iraq?. Who should blink first?.

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Presentation Transcript
tit for tat
TIT for TAT

The most effective negotiation

strategy is very simple

dancing is inevitable
“Dancing” is inevitable

Some rules of thumb

who should blink first
Who should blink first?

The anchoring effect

  • Is the population of Iraq more or less than 5M?
  • What is the population of Iraq?
who should blink first1
Who should blink first?

The anchoring effect

  • Is the population of Iraq more or less than 100M?
  • What is the population of Iraq?
what level of offer to make1
What level of offer to make?

The Insult Zone First Offer

what level of offer to make2
What level of offer to make?

Credible Zone First Offer

making more than 1 offer
Making more than 1 offer

Cons:

  • Decision deferral
  • Avoidance
  • Option devaluation
  • Non-compensatory decision making
  • Dissatisfaction/regret
making more than 1 offer1
Making more than 1 offer

Pros:

  • Contrasts – allows comparisons to be made
  • Extreme aversion – people avoid the extremes
aspiration level
Aspiration level
  • The higher the better
  • Women do worse
flexibility with numbers
Flexibility with numbers
  • Global – specific
  • %
  • Ranges
  • Beginning with a particular digit
  • As a measure of progress
  • Splitting the difference
creating vs claiming value
Creating vs Claiming Value

Creating value:

  • Similarities and differences
  • Co-operative/interest based approaches
  • Power of empathy - demonstrating understanding without agreeing
creating vs claiming value1
Creating vs Claiming Value

Claiming value:

  • Positional approaches
  • Power of assertiveness - being robust when appropriate to challenge or encourage reflection
loss aversion
Loss Aversion
  • Losses loom larger in people’s minds than do gains
  • If a party considers that they are losing something, more is required to compensate them/persuade them
  • Change a party’s reference point - demonstrate gains that will be made from the proposal
loss aversion1
Loss Aversion

Which proposal do you prefer?

  • Plan (1) will lead to a loss of 2 out of 3 jobs at the plant
  • Plan (2) will have a 70% chance that 1 of the 3 jobs at the plant will be saved
reasons for impasse
Reasons for impasse
  • Information
  • Relationships
  • Values
  • Structural inequality
  • Rights
creating the right emotional environment
Creating the right “emotional environment”
  • Express appreciation
  • Build affiliation
  • Respect autonomy
  • Acknowledge status
  • Identify fulfilling roles
batna and watna
BATNA and WATNA
  • Assess offers on the table
  • Be open to reason – closed to pressure
be creative
Be creative!
  • Analogy - concepts/ideas from other fields
  • “Role reversal” (put yourself in their shoes)
  • Challenging assumptions
  • Brainstorming alternatives
  • Reframing the problem
  • Taking the perspective of the wholly unconstrained actor
  • De Bono’s “six hats” technique
beware of negotiation bias
Beware of “Negotiation Bias”
  • Over-confidence
    • test openness to disconfirming info
  • Over-commitment
    • avoid extreme opening positions
    • ignore “sunk costs”
  • Narrow/short-term focus
    • consider long-term implications
  • Reactive devaluation
    • test reactions before offers are placed on table
old dilemma dealing with tactics
Old DilemmaDealing with tactics
  • Don\'t panic!
  • Recognise the tactic
  • Name the strategy being used
  • Pre-empt tactics e.g. check authority before negotiation starts
  • Identifying common goals in an attempt to engage in problem solving
  • Reality test to identify weaknesses
  • Ask for reasoning - “why..?”
how do qld lawyers negotiate
How do QLD lawyers negotiate?

The Legal Negotiation Project:

  • Launch February/March 2008
  • Negotiation simulations late March-May 2008
  • Invitations to all QLD solicitors and barristers
  • Work in teams of 2 - against another pair
  • Interaction with clients, teamwork and preparation
how do qld barristers negotiate
How do QLD barristers negotiate?

The Legal Negotiation Project:

  • An interactive IT component – lawyers can seek instructions, provide client with legal advice and seek settlement instructions
  • Case study will include an ethical issue – Ian Hanger QC will settle
  • Compare with “documents only” arbitrated decision – Ian Callinan QC will give
how do qld barristers negotiate1
How do QLD barristers negotiate?

The Legal Negotiation Project:

  • Each simulated negotiation will be followed by a personal debrief - 3 hours
  • Anonymised results will be published
  • Awards will be given
  • CLE points applied for!
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