1. Presented by Prof. Alan Kirtley May 14, 2008
Law Librarians of Puget Sound Workshop 2008 “Lowering the Barriers to Agreement”
Presented by Prof. Alan Kirtley May 14, 2008

2. Agenda Roleplay of a simple negotiation
Prado Scoot
Discussion of negotiation strategies
Group Choice
Review other barriers to optimal agreements Or
Q and A period

3. Prado Scoot Roleplay Spend 10 minutes preparing to negotiate
Find your negotiating partner and bargain for 15 minutes

4. Negotiation Strategies
Prado Scoot: Opportunity for Different Negotiation Strategies
Competitive
Cooperative

5. Competitive Strategy Competitive Strategy:
“zero sum”
“adversarial”
“distributive”
“positional”
Every dollar gained is an equivalent dollar loss to the other negotiator
Did you bargain using the adversarial model?
Why not? Co-worker status

7. Competitive Strategy
Competitive Strategy helps a negotiator receive a large slice of the pie
Parties following a competitive strategy in Prado Scoot would only bargain over price

8. Cooperative Strategy Cooperative Strategy:
“interest based bargaining”
“integrative bargaining”
“principled negotiation”
“Getting to Yes principles”
Negotiators can find positive trade-offs in their differing goals, preferences and values

9. Cooperative Strategy
Cooperative Strategy helps the negotiators make a bigger pie to slice
Parties following a cooperative strategy in Prado Scoot would explore trade-offs

10. Unified Concept of Negotiation
Recognizes that nearly every negotiation has both competitive and cooperative aspects
Recognizes that no matter how big the negotiators make the pie they will still have to slice it

11. The Negotiator’s Dilemma
How to strike the right balancing between cooperative and competitive strategies in any give negotiation

12. The Negotiator’s Dilemma
Cooperation generates positive trade-offs and better deals through openness
Risk: You can be taken advantage of
Competition results in a larger slice of the existing pie for you by holding your cards close to your vest
Risk: You can miss valuable trade-offs

13. Navigating the Negotiator’s Dilemma
Begin a negotiation by being open to cooperation
Attempt to use the Getting to Yes principles:
1. Separate the People from the Problem
2. Focus on Interests and not Positions
3. Invent Options for Mutual Gain
4. Insist on Objective Criteria
5. Know your BATNA

14. Navigating the Negotiator’s Dilemma
Remain cooperative only so long as there is a balanced exchange of:
Information
Preferences
Goals
Proposals

15. Navigating the Negotiator’s Dilemma
The cooperative negotiator is indifferent to the gains of the other party so long as he/she continues to make gains

16. Barriers to Optimal Agreements
Types of Barriers
Social Psychological
Strategic
Cognitive
Functional

17. Social Psychological Barriers
Conflicting Negotiation Styles
Five Thomas-Kilmann Categories
Competing
Accommodating
Avoiding
Collaborating
Compromising

19. Navigating Negotiation Style
Work toward making your default negotiation style collaborative
Train yourself to adopt any one of the other styles to respond to:
The negotiation context
Your negotiating partner’s style

20. Social/Psychological Barriers
Reactive Devaluation
People react to proposals made by an adversary by automatically devaluing them.
The identical proposal will be rated higher if delivered by an ally or neutral.
Mediators add value by reducing reactive devaluation.

21. Strategic Barriers Conflicting Negotiation Strategies
Compete vs. Avoid
Compete vs. Compete
Principal/Agent Issues
Present when the principal’s and agent’s interests do not align

22. Cognitive Barriers Cognitive Barriers
Human reasoning departs from rational judgment and decision making
Anchoring
Self-Serving Bias
Risk aversion
Loss aversion

23. Cognitive Barriers Choose one: A. Receiving $20 in cash or
B. A 30% chance of receiving $100

24. Cognitive Barriers Risk aversion
People will take a sure thing over a gamble even where the gamble may have a higher expected value

25. Cognitive Barriers Choose one: A 30% chance of paying $100 or

26. Cognitive Barriers Loss Aversion
People will gamble at 30% odds of paying $100 rather than taking a certain loss of $20

27. Functional Barriers
Failure of adequate preparation (fact gathering, analysis or strategic planning)
Failure of effective communications
Emotionalism
Linkages to other disputes or preexisting commitments
Different assessment of BATNA’s
Different Information
Different Assessment of same information
Constituency Pressures