– 58 --
Taming the Jungle of Negotiation Theories
John Lande
Editors’ Note: Is there such a thing as a generally reliable theory of negotiation? Is there even a coherent definition of what negotiation is? And if not, how are we to make sense of a field that produces so many examples in so many settings? Lande has studied a wide variety of texts and sources, and sets out to pull them into, if not a single coherent range, at least a recognizable matrix.
You are probably familiar with the fable of the seven blind men and the elephant. Each man touches a different part of the elephant, such as the trunk, tusk, or ear, and is convinced that he knows the true nature of the beast. Of course, the moral of the story is that the whole animal reflects a combination of all their perspectives.
Theoretical analysis of negotiation is like seven tribes describing animals in a jungle ecosystem. Unlike a single elephant species, negotiation ranges from children swapping toys on a playground to lengthy multi-national processes producing detailed treaties—and everything in between. Unlike a small number of individuals describing elephants, there are numerous negotiation theorists who belong to various disciplines including anthropology, business, communication, crisis intervention, economics, labor, law, international relations, organizational behavior, political science, psychology, and sociology, among others. Although there are different disciplinary “tribes,” they “intermarry” so that negotiation theory in any of the disciplines includes features of others.
This chapter surveys theoretical literature about negotiation from various disciplines to identify the range of issues they address. I surveyed recent books that focused specifically on negotiation, excluding books that were primarily practice guides. This chapter does not include all significant issues or analyze any of the issues in detail, but I hope it is a useful way to explain why the whole field looks so different to different people, and will provide a summary of major issues addressed by contemporary negotiation theorists.
This chapter demonstrates that, although there is considerable overlap between the texts, there is nothing approaching a consensus about the structure and content of negotiation theory or even a definition of negotiation. (Of course, the book this chapter appears in might be viewed as an attempt, at least, at a truly rounded view.) Even in the thirteen books I reviewed that were devoted to negotiation generally, including eight legal texts, the structure and content varied dramatically. Table 1 is a general framework synthesizing the content of the books in this survey and it provides an outline for this chapter.
In General
■ Definition of Negotiation
■ Disputes, Transactions, and Decision Making
■ Complexity, Uncertainty, and Risk
■ Theoretical Perspectives
Negotiation Structure and Process
■ Motivations, Goals, and Interests
■ Negotiation Models
■ Alternatives to Negotiated Agreement and Bargaining Zone
■ Criteria of Success
■ Stages of Negotiation
■ Negotiation Strategy and Planning
■ Information Bargaining
■ Escalation, Impasse, and Failure to Agree
■ Overcoming Barriers to Agreement
■ Legal and Ethical Constraints
Individual Negotiators
■ Individual Qualities and Skills
■ Identity
■ Perception, Cognition, and Emotion
Negotiation Relationships
■ In General
■ Reputations
■ Agents, Teams, and Leadership
■ Multiple Parties and Coalitions
■ Negotiation Audiences
Negotiation Interactions
■ Communication Modes
■ Communication Units and Sequences
■ Trust
■ Fairness and Justice
■ Power and Influence
Table 1. General Framework of Negotiation Issues
....
----
For full contents please purchase The Negotiator’s Desk Reference.
----
References
Adair, W. L. and J. Lowenstein. 2013. Talking it Through: Communication Sequences in Negotiation. In Handbook of Research on Negotiation, edited by M. Olekalns and W. L. Adair. Cheltenham, UK; Northampton, MA: Edward Elgar.
Bar-Tal, D., E. Halperin and R. Pliskin. 2015. Why Is It So Difficult to Resolve Intractable Conflicts Peacefully? A Sociopsychological Explanation. In Handbook of International Negotiation: Interpersonal, Intercultural, and Diplomatic Perspectives, edited by M. Galluccio. Cham: Springer.
Carnevale, P. J. and C. K. W. De Dreu. 2006. Motive: The Negotiator’s Raison d’Être. In Negotiation Theory and Research, edited by L. L. Thompson. New York: Psychology Press.
Carrell, M. R. and C. Heavrin. 2008. Negotiating Essentials: Theory, Skills and Practices. Upper Saddle River, New Jersey: Pearson.
Cede, F. 2012. Failures: Lessons for Practice. In Unfinished Business: Why International Negotiations Fail, edited by G. O. Faure, with the assistance of F. Cede. Athens: University of Georgia Press.
Chasek, P. S. 2001. Earth Negotiations: Analyzing Thirty Years of Environmental Diplomacy. Tokyo; New York: United Nations University Press.
Conlon, D. E. and W. H. Ross. 2012. The Effect of Perceived / Felt (In)Justice on Cooperativeness: Implications for Negotiators as “Justice-Enhancing Communicators” in an Era of Social Networking. In The Psychology of Negotiations in the 21st Century Workplace: New Challenges and New Solutions, edited by B. M. Goldman and D. L. Shapiro. New York: Routledge.
Craver, C. B. 2012. Effective Legal Negotiation and Settlement, 7th edn. Newark, NJ: LexisNexis/Matthew Bender.
Druckman, D. and M. Olekalns. 2013. Punctuated Negotiations: Transitions, Interruptions, and Turning Points. In Handbook of Research on Negotiation, edited by M. Olekalns and W. L. Adair. Northampton, MA: Edward Elgar.
Faure, G. O. 2012. Failures: Lessons for Theory. In Unfinished Business: Why International Negotiations Fail, edited by G. O. Faure, with the assistance of F. Cede. Athens: University of Georgia Press.
Faure, G. O. and I. W. Zartman. 2012. Introduction. In Unfinished Business: Why International Negotiations Fail, edited by G. O. Faure, with the assistance of F. Cede. Athens: University of Georgia Press.
Folberg, J. and D. Golann. 2011. Lawyer Negotiation: Theory, Practice, and Law, 2d edn. New York: Aspen Publishers.
Galanter, M. 1988. The Quality of Settlements. Journal of Dispute Resolution 1988: 55-84.
Gifford, D. G. 2007. Legal Negotiation: Theory and Practice, 2nd ed. St. Paul, MN: Thomson/West.
Goldman, A. L. and J. Rojot. 2003. Negotiation: Theory and Practice. New York: Kluwer Law International.
Koning, L. and E. van Dijk. 2013. Motivated Cognition in Negotiation. In Handbook of Research on Negotiation, edited by M. Olekalns and W. L. Adair. Northampton, MA: Edward Elgar.
Korobkin, R. 2014. Negotiation Theory and Strategy, 3rd edn. New York: Wolters Kluwer Law & Business.
Lande, J. 2015. Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money. 2d edn. Chicago, Illinois: American Bar Association.
Lewicki, R. J., D. M. Saunders and B. Barry. 2015. Negotiation, 7th edn. New York, NY: McGraw-Hill/Irwin.
Menkel-Meadow, C. J., A. K. Schneider and L. P. Love. 2006. Negotiation: Processes for Problem Solving. New York, NY: Aspen Publishers.
Mnookin, R. H. and L. Kornhauser. 1979. Bargaining in the Shadow of the Law: The Case of Divorce. Yale Law Journal 88: 950-997.
Mnookin, R. H., S. R. Peppet and A. S. Tulumello. 2000. Beyond Winning: Negotiating to Create Value in Deals and Disputes. Cambridge, MA: Harvard University Press.
Olekalns, Mara and W. L. Adair. 2013. The Complexity of Negotiating: From the Individual to the Context, and What Lies In Between. In Handbook of Research on Negotiation, edited by M. Olekalns and W. L. Adair. Northampton, MA: Edward Elgar.
Rau, A. Scott, E. F. Sherman and S. Peppet. 2006. Negotiation, 2d edn. New York: Foundation Press/Thomson West.
Rubin, J. Z. 2002. The Actors in Negotiation. In International Negotiation: Analysis, Approaches, Issues, 2nd edn. edited by V. A. Kremenyuk. San Francisco: Jossey-Bass.
Sjöstedt, G. 2003. Lessons for Research and Practice. In Professional Cultures in International Negotiation: Bridge or Rift?, edited by G. Sjöstedt. Lanham, MD: Lexington Books.
Spangle, M. L. and M. W. Isenhart. 2003. Negotiation: Communication for Diverse Settings. Thousand Oaks, CA: Sage.