Section XIII: Negotiation Everywhere
“Everybody negotiates” is a trite phrase, but often even its users don’t realize how true it is. Section XIII analyzes a series of settings that take the concept to its logical extreme and, yes, find negotiation operating in the professional boxing ring; between police and hostage takers; between businesses that act like hostage takers, and their counterparts; in the military; and in martial arts.
The last two chapters in this section explore what happens when a party who should be negotiating refuses to admit that there is anything to discuss, and how to negotiate implementation of a new program—using the example of peer mediation programs for children.
71. Negotiation and Professional Boxing: The Ringside Physician
Habib Chamoun-Nicolas, Randy D. Hazlett, Joe Estwanik, Russell Mora and Gilberto Mendoza
The authors, who include unimpeachable experts on boxing, review what actually happens in the ring and in the frequently unspoken dialogue between the boxers, the referee, and the fight doctor. They find negotiation behavior routinely taking place in this most unlikely of environments. They explain why, and also show the price that is paid in injury, and sometimes a life, when the referee or the doctor gets the subtle signals wrong.
72. Negotiating With the Unknown
Maria Volpe, Jack J. Cambria, Hugh McGowan and Chris Honeyman
What happens when all of the classic negotiation advice about preparation goes out the window? Negotiations “on the street” teach us how extensive preparation for the process itself—for teamwork, roles, communication patterns, and trust—is crucial for success when everything you might ordinarily want to know to prepare for a specific case is impossible to find out in time.
73. Lessons from the Extreme: What Business Negotiators Can Learn from Hostage Negotiations
Paul Taylor and William Donohue
The high-stakes world of the hostage negotiator draws instinctive respect from other negotiators. But if you operate in another domain, you could be excused for thinking that hostage negotiation has nothing to do with you. That impression, it turns out, is quite often wrong. Here, two researchers draw parallels to several kinds of business and other disputes in which it often seems that one of the parties acts similarly to a hostage taker. Understanding what hostage negotiators have learned to do in response can be a real asset to a negotiator faced with one of these situations. Read this in conjunction with Tinsley, Cambria and Schneider on Reputations, and Volpe et al. on with Negotiating with the Unknown, and you may find yourself formulating a new idea you can use tomorrow.
74. Negotiation in the Military
Leonard L. Lira
Since as long as anyone can remember, negotiators have used war metaphors as a way to frame what they were thinking, and as an analogy to what might happen if no deal is reached. But the warriors themselves have wised up. In this chapter, U.S. Army Colonel (ret. 2016) Leonard Lira shows how the military has learned some hard lessons. Now, the military is well on the road toward sophistication about its own needs and practices in negotiation.
75. Martial Arts and Conflict Resolution
Joel Lee and James T. Shanahan
Is there a relationship between skill in negotiation and skill in martial arts? Counterintuitive as this may be, the authors answer—yes there is. Starting from opposite sides of the planet and very different occupations (law teaching in Singapore, and police work in New York City), the authors have two things in common: they teach negotiation, and they teach martial arts. Here, they compare and contrast the worlds in which they must operate, and show how martial arts training has benefited both of them—and their negotiation students.
76. “Non-Events” and Avoiding Reality
Susan Morash
What do you do when you think something should be discussed, but others don’t seem to recognize there’s an issue? This essay uses specific examples from health care to make a larger point. Only in recent years have health care professionals adopted standard policies against a former pattern, of choosing not to view supposedly-minor errors and “incidents” as triggering a need for a discussion with a patient. By taking the former view, of course, they had often set themselves up for confrontation or even lawsuits later, when and if the patient found out anyway. In reassessing her findings from 10 years ago, Morash finds there has been some progress, but not enough in practice. Furthermore, the intervening decade has presented society with all too many examples of “avoiding reality” and treating suspected harm to a third party as a “nonevent” in other fields, such as global finance. Do similar assumptions limit discussion with your kinds of clients? What are the consequences?
77. Peer Mediation
John and Christel McDonald
On the surface, the authors describe an ingenious and far-reaching effort John McDonald undertook many years ago to foster peer mediation among students in schools. But for those interested in systemic change, the McDonalds’ subject leads farther: this chapter stands as a demonstration of what it takes to use the political system to support a societal change that can be far-reaching for our field.
The last two chapters in this section explore what happens when a party who should be negotiating refuses to admit that there is anything to discuss, and how to negotiate implementation of a new program—using the example of peer mediation programs for children.
71. Negotiation and Professional Boxing: The Ringside Physician
Habib Chamoun-Nicolas, Randy D. Hazlett, Joe Estwanik, Russell Mora and Gilberto Mendoza
The authors, who include unimpeachable experts on boxing, review what actually happens in the ring and in the frequently unspoken dialogue between the boxers, the referee, and the fight doctor. They find negotiation behavior routinely taking place in this most unlikely of environments. They explain why, and also show the price that is paid in injury, and sometimes a life, when the referee or the doctor gets the subtle signals wrong.
72. Negotiating With the Unknown
Maria Volpe, Jack J. Cambria, Hugh McGowan and Chris Honeyman
What happens when all of the classic negotiation advice about preparation goes out the window? Negotiations “on the street” teach us how extensive preparation for the process itself—for teamwork, roles, communication patterns, and trust—is crucial for success when everything you might ordinarily want to know to prepare for a specific case is impossible to find out in time.
73. Lessons from the Extreme: What Business Negotiators Can Learn from Hostage Negotiations
Paul Taylor and William Donohue
The high-stakes world of the hostage negotiator draws instinctive respect from other negotiators. But if you operate in another domain, you could be excused for thinking that hostage negotiation has nothing to do with you. That impression, it turns out, is quite often wrong. Here, two researchers draw parallels to several kinds of business and other disputes in which it often seems that one of the parties acts similarly to a hostage taker. Understanding what hostage negotiators have learned to do in response can be a real asset to a negotiator faced with one of these situations. Read this in conjunction with Tinsley, Cambria and Schneider on Reputations, and Volpe et al. on with Negotiating with the Unknown, and you may find yourself formulating a new idea you can use tomorrow.
74. Negotiation in the Military
Leonard L. Lira
Since as long as anyone can remember, negotiators have used war metaphors as a way to frame what they were thinking, and as an analogy to what might happen if no deal is reached. But the warriors themselves have wised up. In this chapter, U.S. Army Colonel (ret. 2016) Leonard Lira shows how the military has learned some hard lessons. Now, the military is well on the road toward sophistication about its own needs and practices in negotiation.
75. Martial Arts and Conflict Resolution
Joel Lee and James T. Shanahan
Is there a relationship between skill in negotiation and skill in martial arts? Counterintuitive as this may be, the authors answer—yes there is. Starting from opposite sides of the planet and very different occupations (law teaching in Singapore, and police work in New York City), the authors have two things in common: they teach negotiation, and they teach martial arts. Here, they compare and contrast the worlds in which they must operate, and show how martial arts training has benefited both of them—and their negotiation students.
76. “Non-Events” and Avoiding Reality
Susan Morash
What do you do when you think something should be discussed, but others don’t seem to recognize there’s an issue? This essay uses specific examples from health care to make a larger point. Only in recent years have health care professionals adopted standard policies against a former pattern, of choosing not to view supposedly-minor errors and “incidents” as triggering a need for a discussion with a patient. By taking the former view, of course, they had often set themselves up for confrontation or even lawsuits later, when and if the patient found out anyway. In reassessing her findings from 10 years ago, Morash finds there has been some progress, but not enough in practice. Furthermore, the intervening decade has presented society with all too many examples of “avoiding reality” and treating suspected harm to a third party as a “nonevent” in other fields, such as global finance. Do similar assumptions limit discussion with your kinds of clients? What are the consequences?
77. Peer Mediation
John and Christel McDonald
On the surface, the authors describe an ingenious and far-reaching effort John McDonald undertook many years ago to foster peer mediation among students in schools. But for those interested in systemic change, the McDonalds’ subject leads farther: this chapter stands as a demonstration of what it takes to use the political system to support a societal change that can be far-reaching for our field.
Section XIII authors:
Jack Cambria retired from the New York City Police Department in 2015 after nearly thirty-four years of dedicated service. For over sixteen years he served in the Emergency Service Unit (ESU), whose primary focus is to provide rescue, SWAT, and counterterrorism services to the City of New York. He ended his NYPD career as the longest-standing commander of the Hostage Negotiation Team, serving in that capacity for over fourteen
years.
Habib Chamoun-Nicolas is an Adjunct Professor and executive board member at the Cameron School of Business, University of St Thomas in Houston; Lecturer at the Red McCombs School of Business, University of Texas at Austin; and Honorary Professor at the Faculty of Entrepreneurial Specialties at the Catholic University of Santiago de Guayaquil. Over the past 25 years, Dr. Chamoun-Nicolas has conducted negotiation and business
development activities in diversified sectors, oil and gas, petroleum, petrochemical, chemical, industrial, commercial, pharmaceutical, institutional, and government.
William A. Donohue is a Distinguished Professor of Communication at Michigan State University. He received his Ph.D. from The Ohio State University in 1976. Dr. Donohue has published extensively in conflict, communication, negotiation and mediation while also conducting workshops and other intervention activities focusing on communication, leadership development, and conflict management. His co-authored book Framing
Matters: Perspectives on Negotiation Research and Practice in Communication provides a broad understanding of the role of framing in negotiation research. Dr. Donohue is a past president of the International Association for Conflict Management and is on the editorial board of several major journals. Dr. Donohue is also a Fellow of the International Communication Association.
Joseph Estwanik MD trained in Orthopedic Surgery at Wake Forest University and The Cleveland Clinic. He is a Fellow of the American College of Sports Medicine, author of Sports Medicine for the Combat Arts (Boxergenic Press 1996) and Past President of the Association of Ringside Physicians.
Randy Hazlett is an Associate Professor in the McDougall School of Petroleum Engineering at the University of Tulsa. He obtained a PhD in Chemical Engineering from the University of Texas at Austin. Dr. Hazlett's research spans a broad range of topics in reservoir engineering and asset management. He is a long-time business associate of Dr. Chamoun and co-author on a number of negotiation and business related projects.
Chris Honeyman is managing partner of Convenor Conflict Management, a consulting firm based in Washington, DC. He is co-editor of The Negotiator’s Desk Reference and five other books, and author of over 90 published articles, book chapters and monographs. He has directed a 25-year series of research-and-development programs, advised many academic and practice organizations, and served as a mediator, arbitrator and in other neutral capacities in more than 2,000 disputes.
Joel Lee has been training in the martial arts for 30 years and is the Chief Instructor of the Singapore Wing Tsun Training Centre. Apart from being an exponent of Wing Tsun, he has also experience in Jeet Kune Do, Kali and Aikido. By day, his secret identity is mildmannered Associate Professor at the Faculty of Law, National University of Singapore, where he teaches conflict resolution and furthers the development of mediation in Singapore. Joel has received the National University of Singapore’s highest teaching award and an Honorable Mention by the International Institute for Conflict Prevention and Resolution.
Leonard (Len) L. Lira is a Colonel (ret. 2016) in the U.S. Army. His final posting was as the Director of the Center for Teaching and Learning Excellence in the Army University. He has a PhD in Public Administration from the University of Kansas and teaches Public Administration at San Jose State University. He served in two combat tours in Iraq during Operation Iraqi Freedom and also served in Afghanistan, as Director of the Combined Joint Operations Center for the NATO HQs in Kabul. The views presented in this chapter are the author’s alone and do not necessarily represent the views of the U.S. Government or the U.S. Army, or San Jose State University.
U.S. Ambassador (ret.) John W. McDonald is a lawyer, diplomat, former international civil servant, development expert and peacebuilder, with twenty years in Western Europe and the Middle East and sixteen years working on United Nations economic and social affairs. He retired in 2017 as Chairman and CEO of the Institute for Multi-Track Diplomacy; he cofounded IMTD in 1992, and developed its systems approach on national and international peacebuilding.
Christel G. McDonald (M.A. History), former European Civil Servant, and experienced Historical Researcher, is deeply committed to furthering higher education for young people from around the world.
Hugh McGowan retired in 2001 from the NYPD after 35 years of service, serving for his last 13 years as Commanding Officer and Chief Negotiator of the Hostage Negotiation Team (HNT). He has personally responded to and coordinated negotiations at over 1,500 hostage, barricade and suicide incidents, and has instructed crisis negotiators for the NYPD and many other agencies. McGowan has a Ph.D. in Criminal Justice from the CUNY
Graduate School.
Gilberto Jesus Mendoza is the elected President of the World Boxing Association.
Russell Mora is living his dream as a Professional Boxing Referee in Las Vegas. He was born into a boxing family and completely fell in love with boxing as a child. He currently arbitrates sanctioned world title fights not only in Las Vegas, Nevada but also around the world. Russell has been a two time Golden Gloves regional champion.
Susan Morash, RN, BS, MA, BC-NE is a Nurse Director at the Massachusetts General Hospital. As the Nursing Director she actively leads and supports interdisciplinary care and the development of nursing practice both on the unit level and within the Department of Nursing. Susan holds a Bachelor of Science in Nursing from the University of Massachusetts, Amherst, and a Master of Arts from the University of Massachusetts, Boston, where she conducted research in the area of dispute resolution. She is an active member of the Massachusetts Victim and Family Support Team in Mass Disasters and the Organization of Nurse Leaders (OLN).
James T. Shanahan is a Detective with the Special Investigations Division of the New York Police Department, an active member of the Hostage Negotiation Team, and the Senior Instructor of the Crisis Intervention Team. He has taught on the adjunct faculty of John Jay College of Criminal Justice, CUNY, is a lifelong practitioner of traditional Japanese martial arts, and is an experienced stage, screen and television actor.
Paul Taylor is Professor of Psychology at Lancaster University, UK, and Professor of Human Interaction at Twente University, NL. Supported by over £10m in funding, Paul’s research combines experimental, archival and field methods to understand the nature of human cooperation and, more practically, the kinds of verbal and nonverbal behaviors that promote peaceful resolutions. On October 1, 2015, Paul became Director of the UK Centre for Research and Evidence on Security Threats (www.crestresearch.ac.uk), which was commissioned by the ESRC with funding from the UK security and intelligence agencies.
Maria R. Volpe, Ph.D. is Professor of Sociology, Director of the Dispute Resolution Program, and Director of the CUNY Dispute Resolution Center at John Jay College of Criminal Justice, City University of New York. An internationally known scholar, she has lectured, researched, and written extensively about dispute resolution processes, particularly mediation, and has been widely recognized for her distinguished career in the field of dispute resolution.
Jack Cambria retired from the New York City Police Department in 2015 after nearly thirty-four years of dedicated service. For over sixteen years he served in the Emergency Service Unit (ESU), whose primary focus is to provide rescue, SWAT, and counterterrorism services to the City of New York. He ended his NYPD career as the longest-standing commander of the Hostage Negotiation Team, serving in that capacity for over fourteen
years.
Habib Chamoun-Nicolas is an Adjunct Professor and executive board member at the Cameron School of Business, University of St Thomas in Houston; Lecturer at the Red McCombs School of Business, University of Texas at Austin; and Honorary Professor at the Faculty of Entrepreneurial Specialties at the Catholic University of Santiago de Guayaquil. Over the past 25 years, Dr. Chamoun-Nicolas has conducted negotiation and business
development activities in diversified sectors, oil and gas, petroleum, petrochemical, chemical, industrial, commercial, pharmaceutical, institutional, and government.
William A. Donohue is a Distinguished Professor of Communication at Michigan State University. He received his Ph.D. from The Ohio State University in 1976. Dr. Donohue has published extensively in conflict, communication, negotiation and mediation while also conducting workshops and other intervention activities focusing on communication, leadership development, and conflict management. His co-authored book Framing
Matters: Perspectives on Negotiation Research and Practice in Communication provides a broad understanding of the role of framing in negotiation research. Dr. Donohue is a past president of the International Association for Conflict Management and is on the editorial board of several major journals. Dr. Donohue is also a Fellow of the International Communication Association.
Joseph Estwanik MD trained in Orthopedic Surgery at Wake Forest University and The Cleveland Clinic. He is a Fellow of the American College of Sports Medicine, author of Sports Medicine for the Combat Arts (Boxergenic Press 1996) and Past President of the Association of Ringside Physicians.
Randy Hazlett is an Associate Professor in the McDougall School of Petroleum Engineering at the University of Tulsa. He obtained a PhD in Chemical Engineering from the University of Texas at Austin. Dr. Hazlett's research spans a broad range of topics in reservoir engineering and asset management. He is a long-time business associate of Dr. Chamoun and co-author on a number of negotiation and business related projects.
Chris Honeyman is managing partner of Convenor Conflict Management, a consulting firm based in Washington, DC. He is co-editor of The Negotiator’s Desk Reference and five other books, and author of over 90 published articles, book chapters and monographs. He has directed a 25-year series of research-and-development programs, advised many academic and practice organizations, and served as a mediator, arbitrator and in other neutral capacities in more than 2,000 disputes.
Joel Lee has been training in the martial arts for 30 years and is the Chief Instructor of the Singapore Wing Tsun Training Centre. Apart from being an exponent of Wing Tsun, he has also experience in Jeet Kune Do, Kali and Aikido. By day, his secret identity is mildmannered Associate Professor at the Faculty of Law, National University of Singapore, where he teaches conflict resolution and furthers the development of mediation in Singapore. Joel has received the National University of Singapore’s highest teaching award and an Honorable Mention by the International Institute for Conflict Prevention and Resolution.
Leonard (Len) L. Lira is a Colonel (ret. 2016) in the U.S. Army. His final posting was as the Director of the Center for Teaching and Learning Excellence in the Army University. He has a PhD in Public Administration from the University of Kansas and teaches Public Administration at San Jose State University. He served in two combat tours in Iraq during Operation Iraqi Freedom and also served in Afghanistan, as Director of the Combined Joint Operations Center for the NATO HQs in Kabul. The views presented in this chapter are the author’s alone and do not necessarily represent the views of the U.S. Government or the U.S. Army, or San Jose State University.
U.S. Ambassador (ret.) John W. McDonald is a lawyer, diplomat, former international civil servant, development expert and peacebuilder, with twenty years in Western Europe and the Middle East and sixteen years working on United Nations economic and social affairs. He retired in 2017 as Chairman and CEO of the Institute for Multi-Track Diplomacy; he cofounded IMTD in 1992, and developed its systems approach on national and international peacebuilding.
Christel G. McDonald (M.A. History), former European Civil Servant, and experienced Historical Researcher, is deeply committed to furthering higher education for young people from around the world.
Hugh McGowan retired in 2001 from the NYPD after 35 years of service, serving for his last 13 years as Commanding Officer and Chief Negotiator of the Hostage Negotiation Team (HNT). He has personally responded to and coordinated negotiations at over 1,500 hostage, barricade and suicide incidents, and has instructed crisis negotiators for the NYPD and many other agencies. McGowan has a Ph.D. in Criminal Justice from the CUNY
Graduate School.
Gilberto Jesus Mendoza is the elected President of the World Boxing Association.
Russell Mora is living his dream as a Professional Boxing Referee in Las Vegas. He was born into a boxing family and completely fell in love with boxing as a child. He currently arbitrates sanctioned world title fights not only in Las Vegas, Nevada but also around the world. Russell has been a two time Golden Gloves regional champion.
Susan Morash, RN, BS, MA, BC-NE is a Nurse Director at the Massachusetts General Hospital. As the Nursing Director she actively leads and supports interdisciplinary care and the development of nursing practice both on the unit level and within the Department of Nursing. Susan holds a Bachelor of Science in Nursing from the University of Massachusetts, Amherst, and a Master of Arts from the University of Massachusetts, Boston, where she conducted research in the area of dispute resolution. She is an active member of the Massachusetts Victim and Family Support Team in Mass Disasters and the Organization of Nurse Leaders (OLN).
James T. Shanahan is a Detective with the Special Investigations Division of the New York Police Department, an active member of the Hostage Negotiation Team, and the Senior Instructor of the Crisis Intervention Team. He has taught on the adjunct faculty of John Jay College of Criminal Justice, CUNY, is a lifelong practitioner of traditional Japanese martial arts, and is an experienced stage, screen and television actor.
Paul Taylor is Professor of Psychology at Lancaster University, UK, and Professor of Human Interaction at Twente University, NL. Supported by over £10m in funding, Paul’s research combines experimental, archival and field methods to understand the nature of human cooperation and, more practically, the kinds of verbal and nonverbal behaviors that promote peaceful resolutions. On October 1, 2015, Paul became Director of the UK Centre for Research and Evidence on Security Threats (www.crestresearch.ac.uk), which was commissioned by the ESRC with funding from the UK security and intelligence agencies.
Maria R. Volpe, Ph.D. is Professor of Sociology, Director of the Dispute Resolution Program, and Director of the CUNY Dispute Resolution Center at John Jay College of Criminal Justice, City University of New York. An internationally known scholar, she has lectured, researched, and written extensively about dispute resolution processes, particularly mediation, and has been widely recognized for her distinguished career in the field of dispute resolution.