The Truth About
Negotiations


The Mind and Heart
of the Negotiator
(3rd edition)


Making the Team:
A Guide for Managers
(3rd edition)


Organizational Behavior
Today


Creativity and Innovation in Organizational Teams


Negotiation Theory and Research


The Social Psychology of Organizational Behavior


Conflict in
Organizational Groups


Shared Cognition in Organizations: The Management of Knowledge


The Mind and Heart of the Negotiator
(Third Edition)

Chapter 1 - NEGOTIATION: The Mind and the Heart

 

“Before the strangling and death threat, the [negotiation between David M. Colburn of America Online and executives at Music Boulevard] began innocently enough. Colburn sat back while [his business associate, Myer] Berlow, reviewed the proposed deal. Colburn and Berlow had already gone through the numbers: Music Boulevard, an online music service, was going to pay $8 million over three years to run ads on AOL. [However, Berlow suddenly saw the deal in an entirely different light:] If Music Boulevard launched an initial public offering of stock—and its parent company, N2K Inc., had already filed a registration statement with the Securities and Exchange Commission to do just that—then an ad deal with AOL would be worth more than $8 million. [Berlow began to think that these Music Boulevard executives in front of him] stood to personally gain millions from an IPO—[in which AOL would not share.] Berlow then quietly tore out the pricing page from the proposed contract: The $8 million figure vanished [and he wrote in $16 million.] The Music Boulevard execs were perplexed because, after all, this meeting was the final review of a contract to which they had already verbally agreed.” Colburn looked at his partner and tried to salvage the situation by repeating the $8 million number. However, Berlow insisted the price should be $16 million. At that point, Berlow announced he was going to the bathroom and asked his partner, Colburn, to join him. During the bathroom conversation, Berlow explained his reasoning and then cursed Coburn for not picking up on his cues, “Since you [f-word] up the sale, David, every dime under $16 million you should pay out of your own pocket.” At this point, enraged, Colburn grabbed Berlow by the throat and rammed him against the wall screaming, “I’m going to kill you!” Berlow was instantly overcome by tears of laughter—about the thought of the Music Boulevard execs seeing his face beaten by his own partner. Colburn and Berlow reentered the room and got $18 million (Washington Post, June 15, 2003).

Negotiations don’t usually involve physical violence, and most of us are not making $18 million deals. However, one thing that business scholars and business people are in complete agreement on is that everyone negotiates nearly every day. Getting to Yes (Fisher & Ury, 1981) begins by stating, “Like it or not, you are a negotiator. . . . Everyone negotiates something every day” (p. xvii). Similarly, Lax and Sebenius, in The Manager as Negotiator (1986) state that “Negotiating is a way of life for managers . . . when managers deal with their superiors, boards of directors, even legislators” (p. 1).G. Richard Shell, who wrote Bargaining for Advantage (1999), asserts, “All of us negotiate many times a day” (p. 6). Herb Cohen, author of You Can Negotiate Anything (1980), dramatically suggests that “your world is a giant negotiation table” (p. 15). Perhaps these statements indicate why a recent business article on negotiation warned, “However much you think negotiation is part of your life, you’re underestimating” (Inc.,Aug. 1, 2003a, p. 76). In this book we believe that negotiation is your key communication and influence tool in and outside of the company. Anytime you cannot achieve your objectives (whether it be a desired merger or a dinner date) without the cooperation of others, you are negotiating. We provide dramatic (and disturbing) evidence in this chapter that most people do not live up to their negotiating potential. The good news is that you can do something about it.

The sole purpose of this book is to improve your ability to negotiate in the contexts that matter most to you. We present this information through a marriage of scientific studies of negotiation and real business cases. And, in case you are wondering, it is not all common sense. We are frank about the fact that science drives the best practices covered in this book. We focus on business negotiations; understanding business negotiations helps people to be more effective negotiators in their personal lives as well (Gentner, Loewenstein, & Thompson, 2003).

In this book, we focus on three major negotiation skills: (1) creating value (also known as win-win negotiation); (2) claiming value (also known as staying in business!); and (3) building trust (also known as long-term sustainability). By the end of this book, you will have developed a mental set that will allow you to know what to do and say in negotiations. Moreover, the fact that you have a mental set (also called a mental model, van Boven & Thompson, 2003) will mean that you can prepare effectively for negotiations, and enjoy the peace of mind that comes from having a game plan. Things may not always go according to plan, but your mental set will allow you to update effectively and most important, to learn from your experiences.

NEGOTIATION: DEFINITION AND SCOPE

In this book we use the following working definition of negotiation: Negotiation is an interpersonal decision-making process necessary whenever we cannot achieve our objectives single-handedly. Negotiations not only include the one-on-one business meeting, but also multiparty, multicompany, and multimillion-dollar deals. Whether simple or complex, negotiations boil down to people, communication, and influence. Even the most complex of business deals can be broken down to a system of one-on-one relationships.

People negotiate in their personal life (e.g., with their spouses, children, school teachers, neighbors) as well as in their business life. Thus, the scope of negotiation ranges from one-on-one to highly complex multiparty and multination interactions. In the business world, people negotiate at multiple levels and contexts—within departmental or business units, between departments, between companies, and even across industries. For this reason, managers must understand enough about negotiations to be effective negotiating within, between, and up and across all of these business environments.

NEGOTIATION AS A CORE MANAGEMENT COMPETENCY

Negotiation skills are increasingly important for executives, leaders, and managers in the business world. The five key reasons for the importance of negotiation skills include (1) the dynamic nature of business, (2) interdependence, (3) competition, (4) the information age, and (5) globalization.

Dynamic Nature of Business

Mobility and flexibility are the dictates of the new world of work. Most people do not stay in the same job that they take upon graduating from college or receiving their MBA degree; furthermore, most people will not have the same job as their predecessor. According to the U.S. Department of Labor (2002), the average person born in the later years of the baby boom held nearly 10 jobs between the ages of 18 and 36, with two-thirds of those jobs being held before age 28. The dynamic, changing nature of business means that people must negotiate and renegotiate their existence in organizations throughout the duration of their careers. The advent of decentralized business structures and the absence of hierarchical decision making provide opportunities for managers, but they also pose some daunting challenges. People must continually create possibilities, integrate their interests with others, and recognize the inevitability of competition both within and between companies. Managers must be in a near-constant mode of negotiating opportunities. According to Linda Greene, associate vice chancellor for academic affairs at the University of Wisconsin–Madison, “Many important events essential to professional success and professional satisfaction happen every day in the workplace and they are not always announced in advance” (The Capital Times, Jan. 1, 2000, p. 1E). In truth, negotiation comes into play when people participate in important meetings, get new assignments, head a team, participate in a reorganization process, and set priorities for their work unit. Negotiation should be second nature to the business manager, but often it is not.

Interdependence

The increasing interdependence of people within organizations, both laterally and hierarchically, implies that people need to know how to integrate their interests and work together across business units and functional areas. For example, when Chrysler and Mercedes Benz merged in 1998, there was extreme reluctance among different groups in the company to utilize synergies. For the first few years, Mercedes executives closely guarded their parts and designs for fear of eroding the Mercedes mystique. And Chrysler engineers tried to preserve some independence, even though it meant reinventing the wheel (The Wall Street Journal, Mar. 12, 2003). This reluctance not only occurs within companies, as people from different departments and units integrate their knowledge to create a product or service, but it also occurs between people from different companies, as is the case with strategic alliances. The increasing degree of specialization and expertise in the business world implies that people are more and more dependent on others to supply the components for a complete service or product. It is unwise to assume that others have similar incentive structures, so managers need to know how to promote their own interests while simultaneously creating joint value for their organizations. This task requires negotiation. For example, consider the strategic decision of Best Buy, the electronics company that sells nearly 10 percent of all consumer PCs sold in the United States, to develop its own brand of PCs in 2002 (Business 2.0,Aug. 1, 2003a). Before the product PC launch, Best Buy was concerned that because PCs account for more than 9 percent of all sales, the existing major computer manufacturers—Compaq, HP, Sony, Toshiba, and others—would be in a position to dictate terms of supply. Moreover, if the recession led to shutdowns of any of these companies, the holes in Best Buy’s product lines might drive customers to other suppliers or to their competitor, Dell. Yet, by entering the field, Best Buy would now compete with the most powerful companies in the low-margin, competitive PC business—companies that were currently Best Buy’s suppliers.

Competition

Business is increasingly competitive. Nearly 40,000 businesses filed for bankruptcy in 2002, a 10.7 percent increase over the previous year (Associated Press, May 16, 2002). Five of the nation’s eight largest bankruptcies in history occurred in 2002, according to BankruptcyData.com—and those data did not include Enron’s December 2001 filing (Associated Press, Jan. 15, 2003). In today’s economy, a few large companies are emerging as dominant players in the biggest markets. These industry leaders often enjoy vast economies of scale and earn tremendous profits. The losers are often left with little in the way of a market, let alone a marketable product (Frank & Cook, 1995). Consider Oracle’s hostile 2003 bid for rival software maker, PeopleSoft, which effectively killed the previously announced merger between PeopleSoft and J.D. Edwards (Business 2.0, Aug. 1, 2003d). As Deutsche Bank software analyst Brian Skiba put it, “The software business has become more Darwinian. Over the next five years, the big [will] get bigger and the small [will] disappear” (p. 90). Larry Ellison of Oracle has bluntly stated that 1,000 more tech firms must die, and, one month before making his offer on PeopleSoft, Ellison methodically mapped out all possible merger permutations in his industry. This reality means that companies must be experts in competitive environments. Managers not only need to function as advocates for their products and services, but they must also recognize the competition that is inevitable between companies and, in some cases, between units within a given company. Understanding how to navigate this competitive environment is essential for successful negotiation.

Information Age

The information age also provides special opportunities and challenges for the manager as negotiator. The information age has created a culture of 24/7 availability. With technology that makes it possible to communicate with people anywhere in the world, managers are expected to negotiate at a moment’s notice. Computer technology, for example, extends a company’s obligations and capacity to add value to its customers. Prior to 2001, 80 percent of transactions at Starbucks were conducted with bills and coins. Among other things, this form of exchange meant that Starbucks had no knowledge about its customers—the more than 3 million people who daily plunk down more than $3 for a cup of coffee (Business 2.0,Aug. 1, 2003b). The return business—or the fact that many java junkies return more than 16 times each month—should be the core of Starbucks’ customer focus. However, when you don’t know anything about your customers, it is more difficult to serve them. To capitalize on the powers of the information age and give its customers added boost, Starbucks launched the plastic prepaid card in 2001. Among other things, it allowed Starbucks to understand its customers, as well as offer perks, such as a free halfpound of coffee.

Globalization

Most managers must effectively cross cultural boundaries in order to do their jobs. Setting aside obvious language and currency issues, globalization presents challenges in terms of different norms of communication. Managers need to develop negotiation skills that can be successfully employed with people of different nationalities, backgrounds, and styles of communication. Consequently, negotiators who have developed a bargaining style that works only within a narrow subset of the business world will suffer unless they can broaden their negotiation skills to effectively work with different people across functional units, industries, and cultures (Bazerman & Neale, 1992). It is a challenge to develop a negotiation skill set general enough to be used across different contexts, groups, and continents, but specialized enough to provide meaningful behavioral strategies in any given situation. This book provides the manager with such skills.

MOST PEOPLE ARE INEFFECTIVE NEGOTIATORS

On the question of whether people are effective negotiators, managers and scholars often disagree. Many people regard themselves to be effective at negotiation. These same people believe most of their colleagues are distinctly ineffective at the negotiation table. However, our performance speaks louder than our self-proclaimed prowess. Most people often fall extremely short of their potential at the negotiation table, judging from their performance on realistic business negotiation simulations (for reviews, see Neale & Bazerman, 1991;Thompson & Hrebec, 1996; Loewenstein, Thompson, & Gentner, 2003). Numerous business executives describe their negotiations as win-win only to discover that they left hundreds of thousands of dollars on the table. Fewer than 4 percent of managers reach win-win outcomes when put to the test (Nadler,Thompson, & van Boven, 2003); and the incidence of outright loselose outcomes is 20 percent (Thompson & Hrebec, 1996). In addition to these data, our controlled scientific investigations (hereafter referred to as CSIs), which allow scholars to infer direct cause-and-effect relationships, indicate that most negotiators leave money on the table. Consider another example: Even on issues for which people were in perfect agreement, they fail to realize it 50 percent of the time (Thompson & Hrebec, 1996). Moreover, we make the point several times throughout this book that effective negotiation is not just about money—it is equally about relationships and trust.

NEGOTIATION SANDTRAPS

In our research, we have observed and documented four major shortcomings in negotiation:

  1. Leaving money on the table (also known as “lose-lose” negotiation) occurs when negotiators fail to recognize and exploit win-win potential.
  2. Settling for too little (also known as “the winner’s curse”) occurs when negotiators make too-large concessions, resulting in a too-small share of the bargaining pie.
  3. Walking away from the table occurs when negotiators reject terms offered by the other party that are demonstrably better than any other option available to them. (Sometimes this shortcoming is traceable to hubris or overweening pride; other times, it results from gross miscalculation.)
  4. Settling for terms that are worse than the alternative (also known as the “agreement bias”) occurs when negotiators feel obligated to reach agreement even when the settlement terms are not as good as their other alternatives.

This book teaches you how to avoid these errors, create value in negotiation, get your share of the bargaining pie, reach agreement when it is profitable to do so, and quickly recognize when agreement is not a viable option in a negotiation.

WHY PEOPLE ARE INEFFECTIVE NEGOTIATORS

The dramatic instances of lose-lose outcomes, the winner’s curse, walking away from the table, and the agreement bias raise the question of why people are not more effective at the bargaining table. Because negotiation is so important for personal and business success, it is rather surprising that most people do not negotiate very well. Stated starkly: It just does not make sense that people would be so poor at something that is so important for their personal and business life. The reason is not due to a lack of motivation or intelligence on the part of negotiators. The problem is rooted in three fundamental problems: faulty feedback, satisficing, and self-reinforcing incompetence.

Faulty Feedback

Most of us have plenty of opportunities to negotiate, but little opportunity to learn how to negotiate effectively. As we will see, arguably the most important component of learning is feedback. Three things about feedback are key: accuracy, immediacy, and specificity. The problem is not lack of experience but a shortage of timely and accurate feedback. Even those people who have daily experiences in negotiation receive little feedback on their negotiating effectiveness. The absence of feedback results in two human biases that further prevent negotiators from optimally benefiting from experience. The first problem is the confirmation bias, or the tendency for people to see what they want to see when appraising their own performance. The confirmation bias leads individuals to selectively seek information that confirms what they believe is true. Whereas the confirmation bias may seem perfectly harmless, it results in a myopic view of reality and can hinder learning. Consider, for example, mathematician John Allen Paulos’ disastrous foray into the stock market (The Guardian, July 17, 2003). At first, he invested only an unexpected cash windfall, but slowly he began to use up more and more of his savings. Even though Paulos knew all about logic and rationality, he had fallen victim to inventing reasons to support his purchases and ignoring information that did not support it.

A second problem associated with the absence of relevant and diagnostic feedback is egocentrism, which is the tendency for people to view their experiences in a way that is flattering or fulfilling for themselves. For example, this potentially inaccurate view may increase a manager’s self-esteem; however, in the long run, it does a disservice by preventing a manager from learning effectively. For example, egocentrism and the suspension of reality certainly influenced executives at Citigroup and J.P. Morgan Chase & Co. to manipulate cash flows at Enron (BusinessWeek, Aug. 11, 2003a). The belief that they could mislead Enron shareholders and minimize perceived risk of being accused of deception was likely fueled by unwarranted beliefs about their role. Egocentrism also played a role in the American Airlines negotiations in April 2003 in which bankruptcy was narrowly avoided. American said it had to have $1.8 billion in annual cuts from all employee groups as part of a $4 billion effort to restructure the company. The airline was losing $5 million a day. The three major groups involved—pilots union, professional flight attendants, and the ground workers of the transport workers union—all believed that they deserved more than what they believed others were entitled to (Dallas Morning News, Apr. 3, 2003).

Satisficing

The second reason why people often fall short in negotiation is due to the human tendency to satisfice (Simon, 1955). According to Nobel Laureate Herb Simon (1955), satisficing is the opposite of optimizing. In a negotiation situation, it is important to optimize one’s strategies by setting high aspirations and attempting to achieve as much as possible; in contrast, when people satisfice, they settle for something less than they could otherwise have. For example, Anchor Bay settled for $10 million from Storm Ventures and Venrock Associates in venture financing. CEO of Anchor Bay, Laurence Thompson, comments that it was exactly the valuation they asked for, meaning that “Maybe we did not ask for enough” (Private Equity Week, June 9, 2003). Over the long run, satisficing (or the acceptance of mediocrity) can be detrimental to both individuals and companies, especially when a variety of effective negotiation strategies and skills that can be cheaply employed to dramatically increase profit. (We discuss these strategies in detail in the next three chapters.)

Self-Reinforcing Incompetence

To achieve and maintain effectiveness in the business world, people must have insight into their limitations. The same is true for negotiation. However, most people are “blissfully unaware of their own incompetence” (Dunning, Johnson, Ehrlinger, & Kruger, 2003, p. 83). Moreover, it creates a cycle in which the lack of skill deprives them not only of the ability to produce correct responses, but also of the expertise necessary to surmise that they are not producing them. As a case in point, Dunning and colleagues examined the question of whether students taking a test had insight into their performance. The students were grouped into four quartiles based on their performance. The lowest-performing quartile greatly overestimated their performance on the test. Even though they were actually in the 12th percentile, they estimated themselves in the 60th percentile. This example is not an isolated case, according to Dunning. People overestimate their percentile ranking relative to others by as much as 40 to 50 points (Kruger & Dunning, 1999). Moreover, the problem cannot be attributed to a lack of incentives. The overestimation pattern even appears after people are promised significant financial rewards for accurate assessments of their performance (Ehrlinger, Johnson, Banner, Dunning, & Kruger, 2003).

Related to the principle of self-reinforcing incompetence is the fact that people are reluctant to change their behavior and experiment with new courses of action because of the risks associated with experimentation. In short, the fear of losing keeps people from experimenting with change. Negotiators instead rationalize their behavior in a self-perpetuating fashion. The fear of making mistakes may result in a manager’s inability to improve his or her negotiation skills. In this book, we remove the risk of experimentation by providing several exercises and clear demonstrations of how changing one’s behavior can lead to better results in negotiation.

Argyris (2002) suggests that people can diagnose their incompetence and increase their effectiveness if they engage in double-loop learning. Unfortunately, most people practice single-loop learning. Single-loop learning occurs when errors are corrected without altering the underlying, governing values (e.g., the fundamental principles of negotiation). Double-loop learning occurs when errors are corrected by changing the governing values and then the actions. Sebenius’s (2001) article on the “six habits of merely effective negotiators” makes the point about working with the right assumptions very clear: “Understanding your counterpart’s interests and shaping the decision so the other side agrees for its own reasons is the key to jointly creating and claiming sustainable value from a negotiation” (p. 88). In this sense, we invite managers to be active learners in terms of understanding their own values when it comes to negotiation.

DEBUNKING NEGOTIATION MYTHS

When we delve into managers’ theories and beliefs about negotiation, we are often startled to find that they operate with faulty beliefs. Before we start on our journey toward developing a more effective negotiation strategy, we need to dispel several faulty assumptions and myths about negotiation. These myths hamper people’s ability to learn effective negotiation skills and, in some cases, reinforce poor negotiation skills. In the following section, we expose six of the most prevalent myths about negotiation behavior.

Myth 1: Negotiations Are Fixed-Sum

Probably the most common myth is that most negotiations are fixed-sum in nature, such that whatever is good for one person must ipso facto be bad for the other party. The truth is that most negotiations are not purely fixed-sum; in fact, most negotiations are variable-sum in nature, meaning that if parties work together, they can create more joint value than if they are purely combative. However, effective negotiators also realize that they cannot be purely trusting because any value that is created must ultimately be claimed by someone at the table. Our approach to negotiation is based on Walton and McKersie’s (1965) conceptualization that negotiation is a mixed-motive enterprise, such that parties have incentives to cooperate as well as compete.

Myth 2: You Need to Be Either Tough or Soft

The fixed-sum myth gives rise to a myopic view of the strategic choices that negotiators have. Most negotiators believe they must choose between either behaving in a tough (and sometimes punitive fashion) or being “reasonable” to the point of soft and concessionary. We vehemently disagree. Along with Bazerman and Neale (1992), we believe that the truly effective negotiator is neither tough-as-nails nor soft-as-pudding, but rather, principled (Fisher & Ury, 1981). Effective negotiators follow an “enlightened” view of negotiation and correctly recognize that to achieve their own outcomes, they must work effectively with the other party (and hence, cooperate), but must also leverage their own power and strengths.

Myth 3: Good Negotiators Are Born

A pervasive belief is that effective negotiation skills are something that people are born with, not something that can be readily learned. This notion is false because most excellent negotiators are self-made. In fact, naturally gifted negotiators are rare. We tend to hear their stories, but we must remember that their stories are selective, meaning that it is always possible for someone to have a lucky day or a fortunate experience. This myth is often perpetuated by the tendency of people to judge negotiation skills by their car-dealership experiences. Purchasing a car is certainly an important and common type of negotiation, but it is not the best context by which to judge your negotiation skills. The most important negotiations are those that we engage in every day with our colleagues, supervisors, coworkers, and business associates. These relationships provide a much better index of one’s effectiveness in negotiation. In short, effective negotiation requires practice and feedback. The problem is that most of us do not get an opportunity to develop effective negotiation skills in a disciplined fashion; rather, most of us learn by doing. Experience is helpful, but not sufficient.

Myth 4: Experience Is a Great Teacher

We have all met that person at the cocktail party or on the airplane who boasts about his or her great negotiation feats and how he or she learned on the job (Bazerman & Neale, 1992). It is only partly true that experience can improve negotiation skills; in fact, experience in the absence of feedback, is largely ineffective in improving negotiation skills (Loewenstein, Thompson, & Gentner, 2003; Nadler, Thompson, & van Boven, 2003; Thompson & DeHarpport, 1994; Thompson, Loewenstein, & Gentner, 2000). Natural experience as an effective teacher has three strikes against it. First, in the absence of feedback, it is nearly impossible to improve performance. For example, can you imagine trying to learn mathematics without ever doing homework or taking tests? Without diagnostic feedback, it is very difficult to learn from experience.

The second problem is that our memories tend to be selective, meaning that people are more likely to remember their successes and forget their failures or shortcomings. This tendency is, of course, comforting to our ego, but it does not improve our ability to negotiate.

Finally, experience improves our confidence, but not necessarily our accuracy. People with more experience grow more and more confident, but the accuracy of their judgment and the effectiveness of their behavior do not increase in a commensurate fashion. Overconfidence can be dangerous because it may lead people to take unwise risks.

Myth 5: Good Negotiators Take Risks

A pervasive myth is that effective negotiation necessitates taking risks and gambles. In negotiation, this approach may mean saying things like,” This is my final offer” or “Take it or leave it” or using threats and bluffs. It is what we call a “tough” style of negotiation. Tough negotiators are rarely effective; however, we tend to be impressed by the tough negotiator. In this book, we teach negotiators how to evaluate risk, how to determine the appropriate time to make a final offer, and, more importantly, how to make excellent decisions in the face of the uncertainty of negotiation.

Myth 6: Good Negotiators Rely on Intuition

An interesting exercise is to ask managers and anyone else who negotiates to describe their approach to negotiating. Many seasoned negotiators believe that their negotiation style involves a lot of “gut feeling,” intuition, and “in-the-moment” responses. We believe that intuition does not serve people well. Effective negotiation involves deliberate thought and preparation and is quite systematic. The goal of this book is to help managers effectively prepare for negotiation, become more self-aware of their own strengths and shortcomings, and develop strategies that are proactive (i.e., those that anticipate the reactions of their opponent) rather than reactive (i.e., those that are dependent upon the actions and reactions of their opponent). Thus, excellent negotiators do not rely on intuition; rather, they are deliberate planners. As a general rule, don’t rely on your intuition unless you are an expert.

LEARNING OBJECTIVES

This book promises three things: First (and most important), reading this book will improve your ability to negotiate successfully. You and your company will be richer, and you will experience fewer sleepless nights, because you will have a solid framework and excellent toolbox for successful negotiation. However, in making this promise, we must also issue a warning: Successful negotiation skills do not come through passive learning. Rather, you will need to actively challenge yourself. We can think of no better way to engage in this challenge than to supplement this book with classroom experiences in negotiation in which managers can test their negotiation skills, receive timely feedback, and refine their negotiation strategies on a repeated basis. Moreover, within the classroom, data suggest that students who take the course for a grade will be more effective than students who take the course passfail (Craver, 1998).

Second, we provide you with a general strategy for successful negotiation. Take a look at the table of contents. Notice the distinct absence of chapter titles such as “Negotiating in the Pharmaceutical Industry” or “Real Estate Negotiations” or “High-Tech Negotiations.” We don’t believe that negotiations in the pharmaceutical world require a fundamentally different set of skills from negotiations in the insurance industry or the software industry. Rather, we believe that negotiation skills are transferable across situations. In making this statement, we do not mean to imply that all negotiation situations are identical. This assumption is patently false because negotiation situations differ dramatically across cultures and activities. However, certain key negotiation principles are essential in all these different contexts. The skills in this book are effective across a wide range of situations, ranging from complex, multiparty, multicultural deals to one-on-one personal exchanges.

Finally, this book offers an enlightened model of negotiation. Being a successful negotiator does not depend on your opponent’s lack of familiarity with a book such as this one or a lack of training in negotiation. In fact, it would be ideal for you if your key clients and customers knew about these strategies. This approach follows what we call a fraternal twin model, which assumes that the other person you are negotiating with is every bit as motivated, intelligent, and prepared as you are. Thus, the negotiating strategies and techniques outlined in this book do not rely on “outsmarting” or tricking the other party; rather, they teach you to focus on simultaneously expanding the pie of resources and ensuring the resources are allocated in a manner that is favorable to you.

In summary, our model of learning is based on a three-phase cycle: experiential learning, feedback, and learning new strategies and skills.

THE MIND AND HEART

Across the sections of this book, we focus on the mind of the negotiator as it involves the development of deliberate, rational, and thoughtful strategies for negotiation. We also focus on the heart of the negotiator, because ultimately we care about relationships and trust. We don’t need to trade off dollars and give up value to build relationships and trust. In fact, the opposite is true. We base all our teachings and best practices on scientific research in the areas of economics and psychology—again reflecting the idea that the bottom line and our relationships are both important (Bazerman, Curhan, Moore, & Valley, 2000). The corporate scandals that first began to rock the corporate world in 2001 have fueled a backlash against the business world and its inhabitants. Perhaps these incidents are what rekindled negative perceptions of businesspeople, and MBAs in particular. “[The] emphasis on analysis has produced a generation of MBAs who are critters with lopsided brains, icy hearts, and shrunken souls” (Leavitt, 1989, p. 39). Such an assessment provides all the more reason to put the focus on the heart and relationships in business.

 


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