Section XVI: Getting It Done (Strategies)
“Getting It Done” is the topic of both of the last two sections of the book, but in different ways. Section XVI is about strategies, beginning with an analysis of how, for any resolution to be possible, many disputes and other negotiations will require some kind of sharing of power. Next is a chapter on the inevitability of situations in which the most effective solution possible for the parties is not to try—contrary to instinct—for absolute clarity, but instead to admit that a well-chosen ambiguity here and there may be the lubrication that allows the gears to move. A similar function is served by the next topic, contingent agreements, in which the parties agree to disagree about the future, to their mutual benefit.
The remaining three chapters of this section address the late stages of a negotiation, beginning with what to do when the common “final gap” presents itself, at the tail end of an arduous negotiation. But sometimes, despite all of the advice in that chapter, a deadlock ensues; and the next chapter is about how to deal with that situation, and unlock the deadlock. The last chapter in this group analyzes what it takes to make sure that when you and your counterparts finally do “sign on the dotted line”, the result sticks.
90. Making Deals about Power Sharing
John Wade
Power-sharing is an intrinsic element of many negotiations, particularly those which involve some kind of continued interaction in the future. The need to provide for future decisions to be made without resort to open conflict creates a series of questions, about who will make each decision or type of decision, what the criteria will be, and what essential or ancillary conditions might apply. Clear thinking is essential, and here Wade offers a gradation in 13 steps from total power held by one party to total power held by the other. Somewhere along the 11 steps in between, perhaps, is your best solution to your particular problem in negotiating today, for what must happen next week or next year.
91. The Uses of Ambiguity
Chris Honeyman
The reality sinks in: everybody’s now trying to reach an agreement, but on some fundamental things, the parties really don’t agree. Some of those involved see themselves as reasonable people, others are Standing On Principle without any thought of what that will mean in practice. Is there anything you can do to get this dispute over with before it spirals completely out of control? Yes, says Honeyman: you can allow, or even consciously design in, a bit of ambiguity here and there. Doing this knowledgeably can preserve your principles, while allowing for an agreement that works well enough for an imperfect world. This can be read with Moffitt’s chapter on Contingent Agreements and Wade’s on the Final Gap.
92. Contingent Agreements
Michael Moffitt
What if you and the other side have very different views of the future? Should this make it harder to achieve an agreement? In fact, as Moffitt explains, these different views can provide exactly the lubricant needed for the gears to mesh. Contingent agreements can help negotiators move toward an overall agreement, even (or particularly) when they disagree. As one of several chapters discussing particular techniques for use when things get sticky, it should be read in conjunction with Wade’s chapter on the Final Gap and Honeyman’s on Ambiguity.
93. Crossing the Final Gap
John Wade
It’s three o’clock in the morning. You’ve been negotiating or mediating since 9 a.m. and everybody is exhausted. Each side has made more concessions that it really thinks it should have had to, and the gap between the parties has narrowed to millimeters. But there it has stuck, and will stay stuck unless you do something new. Every sophisticated negotiator or experienced mediator has a personal answer to this problem, a private stock of a few gambits, often tried and sometimes successful. But John Wade has the longest list we have ever seen, 16 techniques in all. Not one of them works all the time; but together they can materially improve your batting average.
94. Dobermans and Diplomats: Re-Opening Deadlocked Negotiations
John Wade
One of the clear roles of negotiators, mediators, lawyers, managers, parents and human beings is to attempt to re-open “jammed” negotiations. Lawyers, negotiators, managers and mediators are paid to be competent, even expert, at recommencing communications and negotiations which have reached a stalemate or a tense stand-off. Yet many otherwise competent professionals find this difficult. This chapter sets out seventeen common strategies used by the most skilled “problem-solvers” to re-open negotiations between deadlocked disputants.
95. An Agreement that Lasts
John Wade and Chris Honeyman
So, you finally have a deal! How can you make the deal stick? This straightforward chapter shows why deals regularly fall apart, and provides specific advice on what you can do in order to increase the likelihood that your agreement will survive the slings and arrows of outrageous fortune.
The remaining three chapters of this section address the late stages of a negotiation, beginning with what to do when the common “final gap” presents itself, at the tail end of an arduous negotiation. But sometimes, despite all of the advice in that chapter, a deadlock ensues; and the next chapter is about how to deal with that situation, and unlock the deadlock. The last chapter in this group analyzes what it takes to make sure that when you and your counterparts finally do “sign on the dotted line”, the result sticks.
90. Making Deals about Power Sharing
John Wade
Power-sharing is an intrinsic element of many negotiations, particularly those which involve some kind of continued interaction in the future. The need to provide for future decisions to be made without resort to open conflict creates a series of questions, about who will make each decision or type of decision, what the criteria will be, and what essential or ancillary conditions might apply. Clear thinking is essential, and here Wade offers a gradation in 13 steps from total power held by one party to total power held by the other. Somewhere along the 11 steps in between, perhaps, is your best solution to your particular problem in negotiating today, for what must happen next week or next year.
91. The Uses of Ambiguity
Chris Honeyman
The reality sinks in: everybody’s now trying to reach an agreement, but on some fundamental things, the parties really don’t agree. Some of those involved see themselves as reasonable people, others are Standing On Principle without any thought of what that will mean in practice. Is there anything you can do to get this dispute over with before it spirals completely out of control? Yes, says Honeyman: you can allow, or even consciously design in, a bit of ambiguity here and there. Doing this knowledgeably can preserve your principles, while allowing for an agreement that works well enough for an imperfect world. This can be read with Moffitt’s chapter on Contingent Agreements and Wade’s on the Final Gap.
92. Contingent Agreements
Michael Moffitt
What if you and the other side have very different views of the future? Should this make it harder to achieve an agreement? In fact, as Moffitt explains, these different views can provide exactly the lubricant needed for the gears to mesh. Contingent agreements can help negotiators move toward an overall agreement, even (or particularly) when they disagree. As one of several chapters discussing particular techniques for use when things get sticky, it should be read in conjunction with Wade’s chapter on the Final Gap and Honeyman’s on Ambiguity.
93. Crossing the Final Gap
John Wade
It’s three o’clock in the morning. You’ve been negotiating or mediating since 9 a.m. and everybody is exhausted. Each side has made more concessions that it really thinks it should have had to, and the gap between the parties has narrowed to millimeters. But there it has stuck, and will stay stuck unless you do something new. Every sophisticated negotiator or experienced mediator has a personal answer to this problem, a private stock of a few gambits, often tried and sometimes successful. But John Wade has the longest list we have ever seen, 16 techniques in all. Not one of them works all the time; but together they can materially improve your batting average.
94. Dobermans and Diplomats: Re-Opening Deadlocked Negotiations
John Wade
One of the clear roles of negotiators, mediators, lawyers, managers, parents and human beings is to attempt to re-open “jammed” negotiations. Lawyers, negotiators, managers and mediators are paid to be competent, even expert, at recommencing communications and negotiations which have reached a stalemate or a tense stand-off. Yet many otherwise competent professionals find this difficult. This chapter sets out seventeen common strategies used by the most skilled “problem-solvers” to re-open negotiations between deadlocked disputants.
95. An Agreement that Lasts
John Wade and Chris Honeyman
So, you finally have a deal! How can you make the deal stick? This straightforward chapter shows why deals regularly fall apart, and provides specific advice on what you can do in order to increase the likelihood that your agreement will survive the slings and arrows of outrageous fortune.
Section XVI authors:
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 in conflict management (see www.convenor.com/projects). Chris has also served as a consultant to numerous academic and practical conflict resolution programs, held a variety of advisory roles with the ABA, IMI and other organizations, and served as a mediator, arbitrator and in other neutral capacities in more than 2,000 disputes.
Michael Moffitt is the Philip H. Knight Chair in Law at the University of Oregon School of Law, where he has been a professor since 2001 and served as Dean from 2011 through 2017. He was formerly a Lecturer on Law at Harvard Law School and served as the Clinical Supervisor of the Harvard Mediation Program. A graduate of Harvard Law School and Marietta College, he has worked in more than twenty countries on public and private
sector negotiations.
John Wade is an emeritus professor of law of Bond University, Queensland, Australia. He practiced as a lawyer in Australia between 1987 and 2012, and also had an active mediation practice in organizational, family and commercial conflicts during those years. He has taught over 300 mediation and negotiation courses in Hong Kong, New Zealand, London, Canada, the U.S. and Australia. John has published over 100 books and articles (see epublications@bond.edu.au). His teaching awards include best law teacher at Sydney University (1989); at Bond University (1990); and in Australia (1998). John now lives in Vancouver, Canada with his growing family, and teaches intensive negotiation courses there.
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 in conflict management (see www.convenor.com/projects). Chris has also served as a consultant to numerous academic and practical conflict resolution programs, held a variety of advisory roles with the ABA, IMI and other organizations, and served as a mediator, arbitrator and in other neutral capacities in more than 2,000 disputes.
Michael Moffitt is the Philip H. Knight Chair in Law at the University of Oregon School of Law, where he has been a professor since 2001 and served as Dean from 2011 through 2017. He was formerly a Lecturer on Law at Harvard Law School and served as the Clinical Supervisor of the Harvard Mediation Program. A graduate of Harvard Law School and Marietta College, he has worked in more than twenty countries on public and private
sector negotiations.
John Wade is an emeritus professor of law of Bond University, Queensland, Australia. He practiced as a lawyer in Australia between 1987 and 2012, and also had an active mediation practice in organizational, family and commercial conflicts during those years. He has taught over 300 mediation and negotiation courses in Hong Kong, New Zealand, London, Canada, the U.S. and Australia. John has published over 100 books and articles (see epublications@bond.edu.au). His teaching awards include best law teacher at Sydney University (1989); at Bond University (1990); and in Australia (1998). John now lives in Vancouver, Canada with his growing family, and teaches intensive negotiation courses there.