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Multiparty & Multilateral Negotiation

Multiparty & Multilateral Negotiation. Professor John Barkai William S. Richardson School of Law University of Hawaii. www2.hawaii.edu/~barkai. Google - John Barkai. Two Key Ideas about Negotiation 1) Focus on Interests not positions 2) Improve the Communication

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Multiparty & Multilateral Negotiation

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  1. Multiparty & Multilateral Negotiation Professor John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii

  2. www2.hawaii.edu/~barkai Google - John Barkai

  3. Two Key Ideas • about Negotiation • 1) Focus on Interests • not positions • 2) Improve the • Communication • (information & temperature)

  4. Ask More Questions! To improve negotiations

  5. 4 Magic Phrases That’s interesting; tell me more. That’s interesting; why would you ask that? That’s interesting; why would you say that? That’s interesting: why would you do that?

  6. GETTING TO YES Separate People from the Problem Interests not Positions Invent Options Objective Criteria BATNA http://mediationadvocacy.com/Getting%20to%20Yes.pdf

  7. BATNA Best Alternative To a Negotiated Agreement

  8. Cross Cultural Communication High - low context communication Monochronic or Polychronic Time Body Space Edward T. Hall Power distance – (hierarchy) Individualism v. collectivism Competitive v. Cooperative (Masc v Fem) Uncertainty avoidance Long-term v. short term orientation Geert Hofstede’s Dimensions

  9. Cultural Dimension Interests

  10. Iceberg Theory “Below the line” issues Huge & invisible. Purposely hidden, or simply Out of awareness

  11. 猿も木から落ちる Saru mo ki kara ochiru Even monkeys fall from trees Even experts make mistakes We can all do poor evaluations Japanese

  12. Multi-Cultural Teams EU G77

  13. China Russia United States European Union G77 Japan India Parties“Have’s & “Have Not’s”

  14. Anglo Stereotype • Low context • Individualist • Low Power Distance • Short-Term Orientation

  15. Majority of the world? • High context • Collective • High Power Distance • Long-Term Orientation

  16. Lain padang lain belalang lain orang lain ragam Different fields have different grasshoppers; different people have different attitudes or styles People see things differently

  17. High Context Communication Native American words were used for with military terms they resembled

  18. High Context Communication In a blind approach for landing through clouds, where the co-pilot is convinced that the plane is heading against solid mountain rock, but he only says “I am not sure if we have established our gliding path with necessary precision.” Hierarchy And other incidents of running out of fuel, but not telling the captain Malcolm Gladwell, Outliers

  19. Friendly Fire Casualties

  20. Superior rank Superior idea

  21. Tongue Fu Say things in ways to Prevent conflicts and resentment when you have good intentions.

  22. "Mono ha ii yo" "Smooth words make smooth ways"

  23. Multiparty Issues Coalitions – winning & blocking - who will speak for? - Power-based, Interest-based, Regional Groupings - autonomy – joining/leaving Process management – facilitator / mediator - agenda, turn-taking, limits Multiple BATNAs – depending on coalitions - many, unstable ATNAs (less than BATNA) How will decisions be made? – majority, consensus, etc.

  24. Internal group negotiations Use informal contacts / channelsSide Agreements – bilateralOne-text negotiation proposalManaging the media

  25. 1985 Political Cartoon Taiwan Strait

  26. Global Negotiation: The New Rules William Hernández Requejo & John Graham

  27. ? Who will drive the bus?

  28. Good to have a Meeting Facilitator

  29. Wear 2 hats Group member & facilitator

  30. Make process suggestions Where are we going next?

  31. Ground Rules • Courtesy • It’s ok to disagree • Listen as an ally • Everyone participates, no one dominates • Limited talk time

  32. Talk to the wall Group Memory Use flip chart or board

  33. Best to have a Mediator “The go-between wears out a thousand sandals.”-Japanese Proverb

  34. Mediation is an informal process in which a third‑party assists others to reach a negotiated settlement.

  35. Mediation is assisted negotiation

  36. 傍目八目Okame Hachimoku(Japanese proverb) The onlookers see more than the players. Japanese

  37. 当局者迷，旁观者清Dang Ju Zhe Mi, Pang Guan Zhe QingOnlookers see more than the players

  38. Mediation Styles in International Conflicts Facilitation – does not offer suggestions Evaluation – offers opinions - proposes solutions Clout / Muscle – solutions, (carrots & sticks) - external rewards & punishment

  39. Joel Lee and Teh Hwee Hwee,

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