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Negotiation Articles
What's New
Of War and Negotiation: Part 3, The Allure of War: If You Want Peace, Study War (4/22/08)
Robert Benjamin Fighting, often including war---or flight, the avoidance of conflict, are the biological and emotional responses of animals and humans to a perceived threat or attack. Neuro transmitters fired in the brain correspond with feelings of fear or anger. Neuro-scientific studies strongly suggest that animals and humans are hard-wired to fight and there is a biological basis for the allure of war. By contrast, there is no corresponding neuro-biological inclination to negotiate.
Communicating Effectively During Conflict (4/14/08)
Lynne Eisaguirre When we’re arguing during a conflict, most of us are not listening; we are, as my son
says, “just talking to ourselves.” Clearly, one of the most important conflict resolution skills is listening. In order to listen well, we need to prepare.
Film Review: “John Adams” - The Reluctant Revolutionary and the Negotiation of the Declaration of Independence (3/25/08)
Robert Benjamin The difficult process and personal agonies that surround the unfolding
of most significant human events seldom survive historical redaction and
oversimplification. The story of the Declaration of Independence is an
example of an event of great complexity has all too often been reduced
to drivel more worthy of a fairy tale, or worse, twisted and contorted
by politicians to suit their purposes. The quality of the writing and
production of "John Adams" offers an important glimpse into the
difficult negotiations behind the scenes that have been largely ignored,
and the nature of leadership that was required. John Adams, who has not
shared the limelight with the other 'founding fathers,' comes to life as
he shifts from law protector to rebellious law breaker, and transforms
from citizen to leader. Not your standard hero type in look, bearing or
demeanor, it is fascinating to observe Adams, a self described,
'obnoxious' ideologue, learn to negotiate in critical times
Mediation: Managing A Negotiation (Part I) (3/17/08)
Gene D. Barr Mediation is the process by which participants in opposition acknowledge, consider and attempt to resolve their divergent interests by negotiation. Negotiation is a fluid dynamic subject to the gross environmental influences and personal perceptions of the participants. The act of negotiation is to present persuasive argument in a controlled environment confined to an established set of standards communally accepted as relevant to the subject matter at hand; it is persuasive argument presented by one participant with the intent to influence the decision making process of the other to garner a favorable outcome. The act of negotiation becomes art when a participant understands those elements that motivate and influence the other participant’s decision making process and controls and manipulates those elements to achieve an intended goal.
Negotiated solutions of complex problems with art: Picasso, Chaplin, Wittgenstein and the Beatles (3/10/08)
Luis Miguel Diaz This essay intertwines the creative endeavors of Picasso, Chaplin, Wittgenstein, and the Beatles---Picasso’s genius for painting; Chaplin’s genius for film making; Wittgenstein’s genius for philosophical remarks; and the Beatles’s genius for songs---to show how artistic and philosophical creativity can be utilized in reaching negotiated solutions for complex problems. We can learn much from art. A person may expand his or her knowledge of conflict management through art appreciation. Art depicts universal experiences that may be appreciated by all and may serve to educate us about creative processes.
The Guerrilla vs. The Humanist Negotiator (3/09/08)
Robert Benjamin This provocative article discusses and contrasts a hard-edged approach to negotiation with the recalcitrant Iranian administration that is in stark contrast to the more prevalent view of negotiation as a humanistic and rational enterprise. This goes to the heart of how negotiation and mediation are practiced, not just on a geopolitical level, but in all dispute contexts.
Obama’s Message - Mediation’s Political Triumph (2/25/08)
James Melamed Presidential candidate Barack Obama's main political message represents the absorption of the mediation movement's essential themes at the highest level of national and global politics. This is an accomplishment that should not go unnoticed and one that all mediators, whatever our political leanings, should take great pride in. Obama's candidacy is mediative consciousness' coming out party. Could it be that our work is finally paying off, not only in terms of "miracles in the mediation room," but also in terms of truly improving the way we as humans operate on planet earth? I think so. We are experiencing a popular paradigm shift right before our eyes and mediators and mediative thought are largely responsible.
Of War and Negotiation: Part 2: The Passion Play - Tolstoy’s War and Peace (1/21/08)
Robert Benjamin “Well, Prince, so Genoa and Lucca are now just family estates of the Bonapartes. But I warn you, if you don’t tell me that this means war, if you still try to defend the infamies and horrors perpetrated by that Antichrist----I really believe he is Antichrist---I will have nothing more to do with you and you are no longer my friend....”/ (1805 Book One, Chapter 1. Anna Scherer’s soiree, War and Peace, L. Tolstoy, p. 3.) So begins Tolstoy’s masterpiece with Anna Pavlovna Scherer remarking to Prince Kuragin at her soiree in Moscow in 1805, her view of the then current Napoleonic rampage through Europe that was soon to be directed toward Russia. The tone of that conversation was not so different from one I had with ‘Anne’, a modern day stand-in for Tolstoy’s Anna, at a /petite soiree---/a holiday open-house--- 202 years later and half a world away in Portland, Oregon. Most conflicts, regardless of the circumstances or context, follow the same script, be they personal, geo-political, or business disputes. In one way or another, their substance is about money, property, power and control, or truth, honor, and justice. The character casting, drawn from the original passion play, are, of course, clearly drawn between the hero/victim and the antagonist evil-doer, or Antichrist.** As a negotiator....probably not unlike an entomologist’s fascination with the behavior of ants under attack, I began to listen more closely; not so much with the particulars of the storyline, but for clues about how, if at all, it might be possible to shift and re-direct her anger and
frustration.
Conflict, Mourning And Aesthetics (What Happens When History Does Not Pass?) (1/21/08)
Dorit Cypis Aesthetics, the philosophy of questioning the integrity of form, offers brilliant tools for how to see, question, disassemble, reform, reframe, speculate and unknow. Aesthetics thrives on conceptual, formal, structural, perceptual and experiential conflict, needing to undo in order to see anew, displace in order to revise meaning, obscure in order to seduce, rupture in order to reveal the sublime....all this intentionally in the name of change. Aesthetics does not distinguish in value between chaos and order, form and formlessness, meaning and nonsense and as such can easily find its way around and between the disruptions, internal and external, psychological and political, of conflict.
A Riposte to Robert Benjamin’s Parry (1/14/08)
Darrell Puls I found Robert Benjamin’s article (Obama: Reflections of a Hard Core Negotiator) intriguing. I have met Mr. Benjamin, talked with him, read his work, and heard him speak. He is a very likeable guy, so I dove into the article with enthusiasm. That enthusiasm waned the farther in I got, however. In particular, I found myself increasingly disappointed by his weary-sounding observations as a “seasoned” and “guerilla” negotiator, particularly in referring to Barack Obama, where Mr. Benjamin declares that his “reflexive pragmatism makes him cringe at that idealism.” I hope Mr. Benjamin is right that he is simply over-reacting to the demise of his marriage, for this article seems out of character. In fact, I can’t tell if he is being sardonic, sarcastic, or cynical. For the sake of discussion, I will assume it is all three, though I am not at all certain which part is which!
Mediation and National Security Personnel System (NSPS) Pay for Performance: Can The Pitfalls Be Avoided? (12/10/07)
Rick Voyles, Carol Rice The implementation of Paybanding – “Pay for Performance” is happening now. Congress has enacted the National Security Personnel System (NSPS) into law with total implementation by all government agencies and military components 2009. Based on the guidelines and expectations set out by the National Security Personnel System, managers and employees now have greater demands for accountability placed on them than at any other time in history. Will mediators be ready for the sharp increase in complaint cases that will be referred to them?
Communicating Collaboratively in Cyberspace: What Couples Counselors Can Teach Dispute Resolvers About Email (11/19/07)
David A. Hoffman Mediators and Collaborative Practice (“CP”) professionals receive training in communication skills, but that training typically involves in-person communications. In a world where email is beginning to replace much of our face-to-face and telephonic communication, there is a need for training that addresses email communications. The purpose of this article is to begin to fill that void in training by examining some of the ways in which e-mail communication differs from other types of communication. In addition, the article will explore the lessons we can learn from mental health professionals about how to communicate more effectively using electronic media.
A Practical Process for Reciprocal Negotiation (10/29/07)
Trip Barthel Reciprocal negotiation is a practical process that allows each party to recognize more deeply their role in the situation, the needs of the other party and their mutual obligations. Reciprocal negotiation is based on empathy, options and reciprocity. It is a process that allows parties to explore their future in a more complete way and identify areas of agreement and areas of concern in a more focused approach. This process has aspects of problem solving mediation, with its ability to generate options, and transformative mediation, with its ability to recognize and empower the parties.
The Credibility Game (10/15/07)
Edward P. Ahrens What do you think he wants," she asks me.
"I don’t know—at least not yet," I reply. "You’ll have to read the ‘tea leaves.’ More often," I explain, "it is not the amount of money he demands but, rather, the way he demands it, the words he asks me to accompany the demand."
"Well, I know him," she says, "and I think he’s way out of the ballpark."
"Perhaps, but he says the same about your offer. It’s called ‘negotiating.’"
Conducting Electronic Negotiations (6/18/07)
Charles B. Craver Computers have made it efficient and practical to conduct bargaining interactions electronically. Parties introduce themselves through e-mail exchanges, and send bargaining proposals back and forth as attached electronic files. This is an especially economical way to deal with parties located in other states or in other countries. Before individuals become overly enamored with electronic negotiating, however, some cautionary considerations should be appreciated.
Negotiation: What Should A Mediator Know? (6/18/07)
Norman R. Page Mediation is the facilitation of negotiation. Subsequent to this author's basic mediation training supplemental work was taken in divorce mediation, workplace violence, small claims applications, and civil harassment. But nowhere in all this was negotiation explained. Fortunately negotiation is explained in several mediation texts, Moore (2003), McCorkle (2005), Bush & Folger (2005). Based on these texts and this author's experience, several aspects of negotiation are discussed along with how they might be of use to the practicing mediator.
Negotiating Like a Woman - How Gender Impacts Communication between the Sexes (5/24/07)
Nina Meierding, Jan Frankel Schau Anyone who has ever been married will admit that men and women argue differently. It should be no surprise to learn that women and men negotiate and communicate differently as well. After many years of practicing law and serving as mediators, the authors believe that there are certain ways than men communicate that are distinct from “a woman’s voice.” Mediators and representatives can utilize their knowledge of gender communication to foster better resolutions between parties.
Parables For Divorce Mediations And Negotiations (5/21/07)
Sharon Lowenstein If one picture is worth a thousand words, an appropriately told parable may be worth even more than a thousand words. A simple story that conveys an obvious teaching can gently evoke an “ah-ha” powerful enough to illuminate clouded thinking or to pry open a locked mind.
Saying No to Demands (4/23/07)
William Ury This article is an excerpt from the book entitled Saying No to Demands. It includes some specific key words or phrases you can use in saying No to the other's demand in a way that flows naturally from your Yes, your power, and your respect. Remember that your tone and underlying intent need to be congruent with your words if they are to have the right impact.
No Way Out: Negotiation And The Prisoner's Dilemma (4/02/07)
Charles B. Parselle The prisoner's dilemma is often expressed as a game played on a computer but we see the ramifications of the prisoner's dilemma in all aspects of living in society. The essential question asked by the prisoner's dilemma: Can people be naturally cooperative, or do our individual genes require a selfish response to life situations? This question is of interest to mediators, as variations of it are played out in every mediation.
What's So Funny 'Bout Peace, Love And Understanding? Thoughts On Why We're Not Getting To Yes (4/02/07)
Diane J. Levin Respected dispute resolution scholar and pioneer Carrie Menkel-Meadow recently posed an important question for our field in her essay "Why Hasn't the World Gotten to Yes? An Appreciation and Some Reflections".
In it Professor Menkel-Meadow pauses to consider the enduring legacy of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury's influential work which laid out a common-sense approach for effective negotiation that stresses satisfaction of interests, mutual gains, joint problem-solving, and the use of objective criteria to create fair deals.
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