Section II: You and Your Style
You and Your Style includes six chapters. Beginning with an up-to-date treatment of a foundational area of the field (the distinction between integrative and distributive bargaining), the discussion promptly moves on to a chapter that shows how style integrates with culture—and sometimes doesn’t. This is followed by a thorough analysis of the ways in which someone’s individual style of negotiation may not actually mesh with the same person’s style of conflict handling, often because of a failure to think through the differences between good practices, tactics, and tricks.
Tricky negotiation approaches are often believed to be characteristic of a highly “distributive” negotiation style; the next chapter shows how “hard bargaining” really works, in no less than 28 different varieties. This is followed by a chapter discussing the impact of the negotiator’s mindset, and arguing that mapping three different dimensions of a negotiation onto your own mindset will help you see where you actually have influence, and thus how you might want to change your approach. The section closes with a chapter that analyzes the shape-shifting qualities that define the most flexible (and effective) negotiators.
3. Integrative and Distributive Bargaining
Rishi Batra
The distinction between integrative and distributive negotiation is one of the baseline innovations of our field’s modern development. Any number of other concepts simply cannot be understood until its lessons have been absorbed. Here, the author walks the reader through the all-important basics of this key element of understanding of negotiation: why “creating value” and claiming it represent competing goals; how these relate to the negotiator’s personality; how they affect the process as it unfolds – and how, in the end and despite obstacles, they must be integrated, if a good result is to be reached.
4. Style and Culture in Negotiation
Eko Yi Liao
Even at a basic level, a negotiator’s effort to understand how her own style works and how it might mesh or collide with the style of a counterpart is not only essential, but usefully illustrated in conjunction with cultural differences. Liao uses Chinese examples to show how individual styles work and don’t work in common combinations, in Western as well as Asian settings. This chapter should be read in conjunction with Abramson on Good Practices, Styles and Tricks, and Batra on Integrative and Distributive Bargaining.
5. Fashioning an Effective Negotiation Style: Choosing Among Good Practices, Tactics, and Tricks
Hal Abramson
Abramson points out that the term “style” in our field has two distinct connotations, because someone’s conflict style and their negotiation style can be different. He first recommends clearly analyzing and understanding your personal conflict style. Then he unpacks “good practices”, tactics and tricks as three key features of negotiation style to show, quite apart from questions of morality, how a negotiation style that does not account for your own conflict style will be less effective. At the same time, Abramson says, you need to invest effort in understanding your counterpart's negotiation choices, especially use of tactics and tricks, when fashioning your own effective negotiation style. This chapter should be read in conjunction with Liao on Style and Culture, Craver on Distributive Negotiation and Batra on Integrative and Distributive Negotiation.
6. Distributive Negotiation Techniques
Charles Craver
Interest-based negotiation, transformative approaches to mediation, and other relatively recent and enlightened doctrines have created wide enthusiasm among negotiators and negotiation students. They continue, however, to bump regularly into forms of “reality” that are less appealing. In particular, there is no practical way to ensure that you will find yourself dealing only with people who have the same progressive worldview towards joint gains that you may have. In this chapter, a veteran teacher dispassionately dissects no less than 28 different varieties of “hard bargaining”, and describes how to defend yourself in each case (or even, for those so inclined, how to prosecute these techniques.)
7. The Impact of the Negotiator's Mindset, in Three Dimensions
Adrian Borbely and Julien Ohana
The authors argue that a negotiation cannot be understood by looking at its substance alone: a three-dimensional view that takes into equal account the negotiation’s people and its process is essential to make head or tail of it. In turn, mapping these three dimensions onto a negotiator’s mindset begins to make it possible for the negotiator to see where and how he or she might change things, rather than reflexively responding to the other’s impetus, or narrowly pursuing a set strategy that may not be working.
8. The Protean Negotiator
Peter Adler
Not all negotiators are capable of seeing the world in multiple dimensions, shifting their responses according to different needs, and accepting uncertainty with good grace. But the best negotiators do this routinely. Adler shows why, particularly in conflicts and transactions that involve people and groups with different world frames or cultures, it becomes essential to be able to shape-shift, like the Greek god Proteus. This is not a charade—it is responsiveness. And it can be learned.
Tricky negotiation approaches are often believed to be characteristic of a highly “distributive” negotiation style; the next chapter shows how “hard bargaining” really works, in no less than 28 different varieties. This is followed by a chapter discussing the impact of the negotiator’s mindset, and arguing that mapping three different dimensions of a negotiation onto your own mindset will help you see where you actually have influence, and thus how you might want to change your approach. The section closes with a chapter that analyzes the shape-shifting qualities that define the most flexible (and effective) negotiators.
3. Integrative and Distributive Bargaining
Rishi Batra
The distinction between integrative and distributive negotiation is one of the baseline innovations of our field’s modern development. Any number of other concepts simply cannot be understood until its lessons have been absorbed. Here, the author walks the reader through the all-important basics of this key element of understanding of negotiation: why “creating value” and claiming it represent competing goals; how these relate to the negotiator’s personality; how they affect the process as it unfolds – and how, in the end and despite obstacles, they must be integrated, if a good result is to be reached.
4. Style and Culture in Negotiation
Eko Yi Liao
Even at a basic level, a negotiator’s effort to understand how her own style works and how it might mesh or collide with the style of a counterpart is not only essential, but usefully illustrated in conjunction with cultural differences. Liao uses Chinese examples to show how individual styles work and don’t work in common combinations, in Western as well as Asian settings. This chapter should be read in conjunction with Abramson on Good Practices, Styles and Tricks, and Batra on Integrative and Distributive Bargaining.
5. Fashioning an Effective Negotiation Style: Choosing Among Good Practices, Tactics, and Tricks
Hal Abramson
Abramson points out that the term “style” in our field has two distinct connotations, because someone’s conflict style and their negotiation style can be different. He first recommends clearly analyzing and understanding your personal conflict style. Then he unpacks “good practices”, tactics and tricks as three key features of negotiation style to show, quite apart from questions of morality, how a negotiation style that does not account for your own conflict style will be less effective. At the same time, Abramson says, you need to invest effort in understanding your counterpart's negotiation choices, especially use of tactics and tricks, when fashioning your own effective negotiation style. This chapter should be read in conjunction with Liao on Style and Culture, Craver on Distributive Negotiation and Batra on Integrative and Distributive Negotiation.
6. Distributive Negotiation Techniques
Charles Craver
Interest-based negotiation, transformative approaches to mediation, and other relatively recent and enlightened doctrines have created wide enthusiasm among negotiators and negotiation students. They continue, however, to bump regularly into forms of “reality” that are less appealing. In particular, there is no practical way to ensure that you will find yourself dealing only with people who have the same progressive worldview towards joint gains that you may have. In this chapter, a veteran teacher dispassionately dissects no less than 28 different varieties of “hard bargaining”, and describes how to defend yourself in each case (or even, for those so inclined, how to prosecute these techniques.)
7. The Impact of the Negotiator's Mindset, in Three Dimensions
Adrian Borbely and Julien Ohana
The authors argue that a negotiation cannot be understood by looking at its substance alone: a three-dimensional view that takes into equal account the negotiation’s people and its process is essential to make head or tail of it. In turn, mapping these three dimensions onto a negotiator’s mindset begins to make it possible for the negotiator to see where and how he or she might change things, rather than reflexively responding to the other’s impetus, or narrowly pursuing a set strategy that may not be working.
8. The Protean Negotiator
Peter Adler
Not all negotiators are capable of seeing the world in multiple dimensions, shifting their responses according to different needs, and accepting uncertainty with good grace. But the best negotiators do this routinely. Adler shows why, particularly in conflicts and transactions that involve people and groups with different world frames or cultures, it becomes essential to be able to shape-shift, like the Greek god Proteus. This is not a charade—it is responsiveness. And it can be learned.
Section II authors:
Hal Abramson, faculty member and former vice dean at Touro Law Center, New York, teaches, trains, and writes on representing clients in domestic and international mediations and mediators resolving intercultural disputes. His widely-used Mediation Representation book received the CPR book award. He has been selected for the International Who’s Who of Commercial Mediation and has conducted trainings in seventeen countries on five continents. He served as Chair of the ABA Committee that drafted its mediation representation competition rules, served on the inaugural committee for the ICC Global Mediation Competition, co-chaired the IMI Task Force on certification criteria for intercultural mediators, and serves as Scholar-in-Residence for the International Academy of Mediators.
Peter S. Adler, PhD is a planner, mediator, facilitator and a principal in ACCORD3.0, a professional network of people specializing in foresight, strategy, and cooperative trouble-shooting. Adler has worked in the government, business and the NGO sectors, and teaches advanced negotiation courses in the Department of Urban and Planning at the University of Hawaii. Prior executive experience includes nine years as President and CEO
of The Keystone Center (www.keystone.org), Executive Director of the Hawaii Justice Foundation, and founding Director of the Hawaii Supreme Court’s Center for Alternative Dispute Resolution. He is the author of three books and numerous articles.
Rishi Batra is an Associate Professor of Law at Texas Tech University School of Law, teaching in the areas of Alternative Dispute Resolution / Negotiation, Property Law, and Intellectual Property. He also directs the Academy for Leadership in the Legal Profession. Professor Batra's scholarship focuses on Alternative Dispute Resolution, and in particular applying dispute resolution perspectives to novel fields such as election law and criminal procedure. Professor Batra earned his J.D. (cum laude) from Harvard Law School, where he served as Training Director for the Harvard Mediation Program and as a teaching assistant in Harvard's Program on Negotiation.
Adrian Borbély is Assistant Professor in International Negotiation at IESEG School of Management in France. A litigation lawyer by training, he also holds a Master’s Degree in Public Affairs from Indiana University and a PhD. In management from ESSEC Business School. He is also a trained mediator. His research interests cover the promotion of negotiated dispute resolution within organizations, lawyer-client relationships and the
interplay between negotiation, management and corporate strategy. He is also much interested in the development of innovative teaching tools, such as real-life negotiation cases and a problem-based approach of negotiation teaching.
Charles B. Craver is the Freda H. Alverson Professor of Law at the George Washington University Law School, where he regularly teaches a course on Legal Negotiating. He has won teaching awards at three different law schools. Craver is author of five books and co-author of ten, as well as author of numerous law review articles on dispute resolution and employment law. Professor Craver received his J.D. from the University of Michigan in 1971, his M. Indus. & Lab. Rels. from the Cornell University School of Industrial and Labor Relations in 1968, and his B.S. from Cornell University in 1967.
Eko Yi Liao is currently an Assistant Professor at Hang Seng Management College, Hong Kong. She has earned her Ph.D. from The University of Hong Kong, majoring in Management. Apart from her research and teaching experiences in Hong Kong, she was an assistant professor in Macau University of Science and Technology, where she taught in both undergraduate and postgraduate (i.e., MBA) levels. Eko’s research interests include negotiation styles and strategies, organizational leadership, and employee attitudes and behaviors. She has presented her research at international conferences (e.g., the Academy of Management) and published in journals such as the Journal of Organizational Behavior.
Julien Ohana is a founding partner at Alternego, a consulting firm originally based in Paris, France, working on negotiation, conflict management, social dialogue and quality of life at work. He is a graduate of both the ESSEC BBA program and the Economic Warfare School in Paris. A natural-born entrepreneur, he also founded and managed the Lifting communication agency for six years, while working as a consultant in strategy and
communication for many French conglomerates. He has been training and consulting in negotiation and teamwork since 2004. His research interests focus on decision-making, sustainable management and leadership in conflict management.
Hal Abramson, faculty member and former vice dean at Touro Law Center, New York, teaches, trains, and writes on representing clients in domestic and international mediations and mediators resolving intercultural disputes. His widely-used Mediation Representation book received the CPR book award. He has been selected for the International Who’s Who of Commercial Mediation and has conducted trainings in seventeen countries on five continents. He served as Chair of the ABA Committee that drafted its mediation representation competition rules, served on the inaugural committee for the ICC Global Mediation Competition, co-chaired the IMI Task Force on certification criteria for intercultural mediators, and serves as Scholar-in-Residence for the International Academy of Mediators.
Peter S. Adler, PhD is a planner, mediator, facilitator and a principal in ACCORD3.0, a professional network of people specializing in foresight, strategy, and cooperative trouble-shooting. Adler has worked in the government, business and the NGO sectors, and teaches advanced negotiation courses in the Department of Urban and Planning at the University of Hawaii. Prior executive experience includes nine years as President and CEO
of The Keystone Center (www.keystone.org), Executive Director of the Hawaii Justice Foundation, and founding Director of the Hawaii Supreme Court’s Center for Alternative Dispute Resolution. He is the author of three books and numerous articles.
Rishi Batra is an Associate Professor of Law at Texas Tech University School of Law, teaching in the areas of Alternative Dispute Resolution / Negotiation, Property Law, and Intellectual Property. He also directs the Academy for Leadership in the Legal Profession. Professor Batra's scholarship focuses on Alternative Dispute Resolution, and in particular applying dispute resolution perspectives to novel fields such as election law and criminal procedure. Professor Batra earned his J.D. (cum laude) from Harvard Law School, where he served as Training Director for the Harvard Mediation Program and as a teaching assistant in Harvard's Program on Negotiation.
Adrian Borbély is Assistant Professor in International Negotiation at IESEG School of Management in France. A litigation lawyer by training, he also holds a Master’s Degree in Public Affairs from Indiana University and a PhD. In management from ESSEC Business School. He is also a trained mediator. His research interests cover the promotion of negotiated dispute resolution within organizations, lawyer-client relationships and the
interplay between negotiation, management and corporate strategy. He is also much interested in the development of innovative teaching tools, such as real-life negotiation cases and a problem-based approach of negotiation teaching.
Charles B. Craver is the Freda H. Alverson Professor of Law at the George Washington University Law School, where he regularly teaches a course on Legal Negotiating. He has won teaching awards at three different law schools. Craver is author of five books and co-author of ten, as well as author of numerous law review articles on dispute resolution and employment law. Professor Craver received his J.D. from the University of Michigan in 1971, his M. Indus. & Lab. Rels. from the Cornell University School of Industrial and Labor Relations in 1968, and his B.S. from Cornell University in 1967.
Eko Yi Liao is currently an Assistant Professor at Hang Seng Management College, Hong Kong. She has earned her Ph.D. from The University of Hong Kong, majoring in Management. Apart from her research and teaching experiences in Hong Kong, she was an assistant professor in Macau University of Science and Technology, where she taught in both undergraduate and postgraduate (i.e., MBA) levels. Eko’s research interests include negotiation styles and strategies, organizational leadership, and employee attitudes and behaviors. She has presented her research at international conferences (e.g., the Academy of Management) and published in journals such as the Journal of Organizational Behavior.
Julien Ohana is a founding partner at Alternego, a consulting firm originally based in Paris, France, working on negotiation, conflict management, social dialogue and quality of life at work. He is a graduate of both the ESSEC BBA program and the Economic Warfare School in Paris. A natural-born entrepreneur, he also founded and managed the Lifting communication agency for six years, while working as a consultant in strategy and
communication for many French conglomerates. He has been training and consulting in negotiation and teamwork since 2004. His research interests focus on decision-making, sustainable management and leadership in conflict management.