Conflicts and Negotiations Elmar Eberhardt

1. Conflictsand Negotiations Elmar Eberhardt

2. Conflicts Approaches to conflicts (Based on Ury, Brett and Goldberg, 1988)

3. TargetA TargetB Conflicts Examples for different types of conflicts 1 Conflicts because of resources and distribution Conflicts because of different targets

4. Boss Grkszzt!!!!! Conflicts Examples for different types of conflicts 1 Perception conflicts Role conflicts Relationship conflicts

5. Conflicts Levels of a conflict TOGETHER INTO THE ABYSS 9 - Lose-lose FRAGMENTATION OF THE ENEMY 8 LIMITED DESTRUCTIVE BLOWS 7 STRATEGIES OF THREAT 6 Course of conflict LOSS OF FACE 5 Win-lose IMAGES AND COALITIONS 4 ACTIONS, NOT WORDS 3 DEBATES AND POLEMICS 2 + Win-win HARDENING 1

6. Cooperation/Collaborationproblem solving pushing through forcing/controlling - + loser winner Searching for a Compromise bargaining winner winner + + + + + winner winner In consideration of the own needs loser loser - - giving way accommodating avoiding - + loser winner loser looser - - In consideration of the needs of others Conflicts Styles in conflicts

7. Conflicts Styles in conflicts

8. Plausibility argumentation Moral argumentation Rational argumentation Tactical argumentation Argumentation Different types of arguments

9. Optimal option: Both say nothing (= cooperate) and will be sentenced to two years in prison. (2+2=4) • Suboptimal option: A cooperates, B pleads guilty for both. B will be set free and A will get five years. (0+5=5) Worst option: Both plead guilty (i. e. hope to be set free). Both will get four years each. (4+4 =8) Negotiations Prisoners’ dilemma Example from game theory for two prisoners A and B:

10. Negotiation Exercise • Form groups of equal size • Make sufficient space between groups that you cannot overhear each other’s conversations. We need observers/ scorekeeper. If you have done this exercise before, please be an observer. • The exercise is called “Win As Much As You Can”, each team starts with 25 points. • Each team must identify their choice simultaneously. • The scoring is as follows: A = A/B + 3 points B A = A/B - 3 points B = B + 6 points A = A - 6 points B = B - 6 points A B = A + 6 points

11. Negotiations is a basic means of getting what you want from others. It is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed. Negotiations Definition

12. Getting to Yes Principled Negotiation: Hard on merits, soft on people • Getting what you want and getting along with people • Ideal negotiation • Produces a wise agreement • Efficient • Improves or at least not damages parties’ relationship Four Basic Points of Principled Negotiation • People: Separate people from problem • Interests: Focus on interests, not positions • Options: Generate a variety of possibilities for mutual gain before you decide • Criteria: Insist that the result be based on some objective standard

13. PROBLEM SOLUTIONPositional bargaining: Change the game- Which game should you play? Negotiate on merits Getting to Yes Positional bargaining and its solution

14. Getting to Yes Positional bargaining and its solution PROBLEM SOLUTION

15. Getting to Yes Point 1: People (Perceptions) • What is important is reality as they see it, not “objective” reality (whatever that is). Conflict exists in people’s heads • Ability to see the situation as the other side does is the most important skill a negotiator can have (Be empathetic) • Withhold judgment while you “try on” their views • Understanding does not equal agreeing • Prescription for Perception • Put yourself in their shoes • Don’t deduce their intentions from your fears • Don’t blame them for your problem • Discuss each other’s perceptions • Look for opportunities to act inconsistently with their perceptions • Give them a stake in the outcome by making sure they participate in the process • Be face-saving: Make your proposals consistent with their values

16. Getting to Yes Point 1: People (Emotions) • First recognize and understand emotions, theirs and yours. What is producing emotions? (You can also write down emotions and what you wish they were…) • Make emotions explicit and acknowledge them as legitimate. • Allow the other side to let off steam – listen quietly without responding to attacks; ask them to continue until they are finished. • Don’t react to emotional outbursts. • Use symbolic gestures (apology is the least costly, most rewarding type).

17. Getting to Yes Point 1: People (Communication) • Whatever you say, they’ll hear something different • Three big problems • Not talking to each other, but to the galley • Not hearing you • Misunderstanding • Fixing the problems • Listen actively and acknowledge what is being said • Speak to be understood • Speak about yourself, not about them • Speak for a purpose • Sit at the same side of the table with the problem in front of you.

18. Getting to Yes Point 2: Interests Interests define the problem: • Position = something you’ve decided upon • Interests = what caused you to decide (desires, needs, concerns and fears) Interests define the problem, they are the silent movers behind positions. • For every interest there usually exist several possible solutions that could satisfy it • Opposing positions are not necessarily opposing interests How to identify interests: • Ask “Why?” – Why did they take a certain position? Put yourself in their shoes so you can understand • Ask “Why Not?” – What stands in the way of them accepting what you are asking for? What is the other side expecting me to ask? • Realize that each side has multiple interests – a “side” is not a “black box.” • The most powerful interests are basic human needs – security, economic well-being, a sense of belonging, recognition, control over one’s life • Make a List – Estimate the order of importance of your interests

19. Getting to Yes Point 2: Interests Talking about interests: • If you want the other side to take your interests into account, explain to them what your interests are • Make your interests come alive – Be specific and establish legitimacy • Acknowledge their interests as part of the problem – If you want them to appreciate yours, begin by demonstrating that you appreciate theirs • Put the problem before your answer – Give interests/reasoning first, then conclusion/proposal • Look forward, not back – Argue for a purpose (where you want to go), not about a cause (where you came from) • Be concrete, but flexible – Know where you’re going, but be open to fresh ideas – “illustrative specificity” not positions • Be hard on the problem, soft on the people – Be committed to your interests; combine support (of people) and attack (of the problem)

20. Getting to Yes Point 3: Options (Barriers) • Invent options for mutual gain • Four major obstacles that inhibit inventing options • Premature judgment: anticipating their critical response of creative options • Searching for the single answer: premature closure – thinking that more options = more trouble agreeing • Assumption of a fixed pie: See it as a zero sum game • Thinking that solving their problem is their problem: self-concern

21. Getting to Yes Point 3: Options (Prescriptions) • Separate inventing from deciding (invent first, decide later)/ Brainstorming • Broaden your options – develop room within which to negotiate with a substantial number of markedly different ideas • Multiply options by shuttling between the specific and general (Using Circle Chart) • Look through the eyes of different experts (also using the Circle Chart) • Invent agreements of different strengths • First-Order: Substantive, Permanent, Comprehensive, Final, Unconditional, Binding • Second-Order: Procedural, Provisional, Partial, in Principle, Contingent, Non-Binding • Change the scope of a proposed argument (take it in pieces) • Look for mutual gain • Identify shared interests – make the other side satisfied enough to want to live up to it • Dovetail differing interests – find areas of high value to you, low cost to the other side, and vice versa • Ask for their preferences • Make their decision easy – put yourself in their shoes if you want an agreement

22. Getting to Yes The circle chart and four basic steps in inventing options

23. Getting to Yes Point 4: Objective criteria • Begin negotiations by agreeing on standard to be applied • Deciding on the basis of will is costly – use independent standards, developed in advance, independent of will • Frame each issue as a joint search for objective criteria or the best decision making procedure (e.g. “the dividing of a cake procedure” or third party chooses) • Reason and be open to reason as to which standards are most appropriate and how they should be applied • Never yield to pressure, only to principle. • Criteria need to be independent of each side’s will, legitimate and practical

24. Getting to Yes Point 4: Objective criteria • Principled negotiations • Smarter: Finding data, information that help inform a better decisions for both parties • Efficient: No time wasted in testing each other’s will • Less hostility: No need to get angry if we looking for objective data • Protects the relationship: Mutual hunt for an objective basis Fair standards • Market value • Precedent • Scientific judgments • Professional standards • Efficiency • Costs • Court decisions • Equal treatment Fair procedures • Coin flips • Cut and choose • Veil of ignorance choices – not knowing your part • Taking turns • Drawing lots • Letting a third party decide • Choosing the last best offer

25. Getting to Yes What if they are more powerful? • “In response to power, the most any method of negotiation can do is to meet two objectives: • 1) to protect you against making an agreement you should reject, and • 2) to help you make the most of the assets you do have so that any agreement you reach will satisfy your interests as well as possible.” • Common tendency to establish a “bottom line” in advance, but this prevents you from inventing as you go. • As an alternative, develop your BATNA – Best Alternative to Negotiated Agreement (What is your best alternative option if you fail to reach an agreement?) • Compare every proposal to your BATNA to see if it better satisfies your interests. • The better your BATNA, the greater your ability to improve terms of negotiated agreement • Try to estimate their BATNA • The relative power of two parties depends primarily on how attractive to each is the option of not reaching agreement. Alternatives are often over- or under-estimated

26. Getting to Yes What if they won’t play? (Use Negotiation Jujitsu) • The typical attack has three parts: Aggressively asserting their own position, attack your ideas and attack you! There are three levels of handling attacks: What you can do, What they may do, What a third party can do? Negotiation Jujitsu • Recast an attack on you as an attack on the problem. • Ask questions and pause. • Don’t push back. • Don’t attack their position, look behind it. Treat their position as one possible option. • Assume their attack is based on interests. Look behind it for motivating interests. • Seek out and discuss underlying principles • Don’t defend your ideas, invite criticism and advice. The One-text Procedure • Ask both parties about their interests and needs • Develop a combined list of interests and needs • Ask each party to criticize and improve the list • Make a recommendation and ask for criticism

27. Getting to Yes What if they use dirty tricks? Some dirty tricks:

28. Getting to Yes What if they use dirty tricks? How to deal with dirty tricks? • Respond in kind • Recognize the tactic. • Raise the issue explicitly. • Question the tactic’s legitimacy and desirability. Deliberate deception: Unless you have good reason to trust someone, don’t trust them. Check facts, assertions, etc. Unclear authority: Making you think they have power to decide and Asking you to concede but claiming they don’t have power. Before you begin, ask how much decision authority they have. Questionable intentions of the other side: Make your doubts public and negotiate assurances in the agreement Creating purposely stressful situations: Acknowledge the stressors and ask for adjustments Personal attacks: Recognize it and call it to their attention Threats: Recognize and call attention to it. Treat as pressure.

29. The order of precedence in Brazil is a symbolic hierarchy of officials used to direct protocol. It is regulated by the Presidential Decree 70.274 of March 9, 1972. The following order applies to ceremonies hosted by the Federal government: President of the Republic, currently Luíz Inácio Lula da Silva Vice-President of the Republic, currently José Alencar President of the Chamber of Deputies President of Senate President of the Supreme Court Brazilian cardinals, currently in number of eight Foreign ambassadors Ministers of State (Justice, Defense, Foreign Relations, Economy, Transportation, Agriculture, Education, Labor, Social Security, Health, Industry and Commerce, Energy, Planning, Interior, Communications etc.) Head of the Military Cabinet Head of the Civil Cabinet Diplomatic protocol Whom to address first?

30. The order of precedence in the USA: President of the United States (George W. Bush) and First Lady (Laura Bush) (if present) Vice President of the United States and President of the Senate (Dick Cheney) and Second Lady (Lynne Cheney) (if present) Governor (while in his or her state) Mayor (while in his or her city) Speaker of the United States House of Representatives (Nancy Pelosi) Chief Justice of the United States (John Roberts) Former Presidents of the United States (in order of term): Jimmy Carter (1977–1981) and Rosalynn Carter (if present), George H. W. Bush (1989–1993) and Barbara Bush (if present), Bill Clinton (1993–2001) and Hillary Rodham Clinton (if present) U.S. ambassadors (while at their posts) United States Secretary of State (Condoleezza Rice) Ambassadors Extraordinary and Plenipotentiary of foreign states (in order of tenure) Widows of former Presidents of the United States (in order of spouse's term): Lady Bird Johnson (1963–1969), Betty Ford (1974–1977), Nancy Reagan (1981–1989) Ministers of foreign powers Diplomatic protocol Whom to address first?

31. The Indian order of precedence is the protocol list at which Indian government officials are seated according to their rank. President of India Vice-President of India Prime Minister of India Governors of states (within their respective states) Former Presidents of India Deputy Prime Minister of India Chief Justice of India Speaker of Lok Sabha Cabinet Ministers of the Union Chief Ministers of states (within their respective states) Deputy Chairman, Planning Commission Former Prime Ministers Leaders of Opposition in Rajya Sabha and Lok Sabha Holders of Bharat Ratna decoration Diplomatic protocol Whom to address first?