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No.

22

Negotiation and Dispute Resolution


IMD Faculty

Suzanne C. De Janasz There is no single negotiating recipe; you


Professor of Leadership have to adapt the strategy to the situation.
and Organization Develop- This insights@IMD examines negotiation and
ment dispute resolution.

Michael Watkins Creating and capturing value


Professor of Leadership
Professor Michael Watkins discussed
and Organizational Change
the structural aspects of negotiations by
exploring how leaders capture and create
Research & value. Think of the stakes or total value
Development under consideration in a negotiation as
a pie. In “distributive” (or “zero-sum”)
Christopher Zintel negotiations, each negotiator strives to
Susan Stehli capture the largest possible piece of a
pie whose sum total is perceived to be
Leaders negotiate all the time, both inside fixed. Successful bargaining requires
and outside their organizations. Externally, understanding and shaping your and your
they deal with customers, suppliers, investors counterparts’ perceptions of the range of
and other stakeholders. Internally they outcome values (the bargaining zone) as
negotiate for resources, schedules and well as the target (goal) and bottom line.
At an IMD Discovery support. Thus, the ability to negotiate and to
Event in February resolve disputes is a fundamental skill that In contrast, “integrative” negotiations
2013, more than 150 every leader needs to master. Whether you focus on creating and capturing joint value
executives attended an are involved in internal budget negotiations through mutually beneficial trades to arrive
IMD Discovery Event that or external supplier negotiations, the ability at the best possible agreement for both
explored what it takes for to negotiate and manage conflict effectively parties, ensuring that nobody walks away
leaders to negotiate and comes from understanding the structural and feeling like a loser. This involves enlarging
manage conflict effectively interpersonal aspects of negotiations. to the maximum extent possible the total
both inside and outside pie of value to be divided between the
their organizations. The Different types of negotiations require parties. It requires cooperation, disclosure,
participants – senior different tactics: Negotiating the price of a listening, creativity as well as effectively
managers from a variety of car is different from negotiating the terms of managing “negotiators’ dilemmas” and
industries and companies a multi-million-dollar acquisition, not only in knowing what information to share and how
– shared their experiences, terms of overall value and importance, but to share it.
participated in role playing also with regard to the number of parties
and actively contributed to and stakeholders involved. You negotiate Other structural differences that leaders
the discussion. differently depending on whether it is for are likely to experience include 1:1 vs.
yourself or on behalf of another party, or multi-party; simple vs. complex agendas;
between co-workers, loved ones, or strangers; face-to-face vs. virtual; negotiating on your
not surprisingly, the emotions vary depending own behalf vs. on behalf of others; and
on what is at stake. Other factors affecting the deals vs. disputes. There is no single “best
Discovery Events are exclusively choice of tactics and likelihood of successful way” to negotiate – you need to adapt your
available to members of IMD’s outcomes include: culture of the parties, time style to each situation in order to create
Corporate Learning Network. To find out
available, suspected length of the relationship and capture the greatest amount of value,
more, go to www.imd.org/cln
and previous experience between the parties. including agreeing on contingency deals.

© 2013 IMD – International Institute for Management Development. No part of this publication may be reproduced, stored in a retrieval system or
transmitted in any form or by any means without the permission of IMD.
Before negotiating, think about what you and enthusiasm but this is not always
are prepared to trade off (or not) to close a sufficient. De Janasz emphasized that
deal, including how important it is to you to persuasion is “something done with
The ability to negotiate preserve an existing relationship. Consider another, not to another.” This means the
and to resolve disputes also the best way of achieving consensus target gets to choose, which increases
is a fundamental skill because even if you have the authority his/her commitment to the new belief
that every leader
to push something through, this may not or behavior. Other persuasion mistakes
needs to master.
be the most effective option because the include the hard sell, which often fails
deal is just the prelude to the outcome and (one-way communication focused only on
people are more likely to follow through with arguments); resisting compromise (“the
commitments when they’ve made them truth is obvious, why can’t you see?”);
willingly and with trust. In difficult situations being unaware of your credibility (why
it may be worth enlisting the help of an should anybody be persuaded by you?);
external expert or adviser who can help adopting a simplistic view of stakeholder
facilitate the negotiation and reduce conflict positions (“either you are with or against
or provide expert advice to help the parties me”); and lacking flexibility in influence
reach a satisfactory decision or resolution. tactics. Professor de Janasz suggested
following instead these four steps to
Some “Negotiator’s Dilemmas” persuade others.1
Should you make the first offer in a negotiation? 1. Understand others’ motivations and
If you have a good sense of the market and think you have more information
needs: Identify key decision makers,
than the other, you can make a first offer to “anchor” the negotiation and
listen, check perceptions, observe,
influence perceptions. But if you do not have a good sense of the market, it
and use your network to help segment
might be best to let the other side make the first offer.
your audience (the people you need to
influence) according to (1) the degree
If you want to influence someone to agree to a costly (in terms of time,
of alignment, i.e., how closely you think
effort and money) proposal, should you present the most or the least
others agree with your agenda, and (2)
costly option first?
the quality of the relationship and trust
It is more effective to present the most costly option first because the in you where (1) represents the vertical
principle of “reciprocity” suggests that if someone rejects a more costly axis and (2) represents the horizontal
proposal, they are more likely to feel they should accept the less costly axis (see Figure 1).
option.
2. Establish credibility: Demonstrate
Is it better to tell someone what they will gain from doing something, expertise about your agenda by
or what they will lose if they do not do it? sharing knowledge, reliable data, clear
It is better to tell someone what they will lose because the “scarcity principle” explanations, non-defensive responses
suggests that the fear of missing an opportunity is a powerful motivator; to challenge, and building trust by
the more unique or scarce something is, the more desirable it becomes. exploring ideas together and showing
(For more on the principles of “scarcity” and “reciprocity,” see R. Cialdini. commitment to their interests.
“Harnessing the Science of Persuasion.” Harvard Business Review, 2001.) 3. Utilize appropriate influence tactics.
4. Support preferred outcomes with real
Persuading others and accurate data in multiple forms
Professor Suzanne de Janasz discussed such as a frame for common ground,
the interpersonal aspects of negotiations by and demonstrate tangible benefits. Do
There is no single
negotiating recipe; examining the concept of persuasion, which not make things up or you are more
you have to adapt the she defined as an ongoing social process likely to lose credibility when the truth
strategy to the situation. of discovery, preparation and dialogue. is discovered.
Persuasion is part art, part science: the art is Once you have worked out where people
establishing and sustaining trust; the science stand within these dimensions, you can
is collecting and analyzing information and customize and adapt your influence tactics.
understanding human behavior.
1
Adapted from B. De Mar, and S. de Janasz.
Negotiation and Dispute Resolution.
People commonly believe that others can
Englewood Cliffs, NJ: Pearson/Prentice Hall,
be persuaded through logic, persistence 2013.

Page 2 www.imd.org insights@IMD


Figure 1: Segmenting and customizing2 genuine, obtain commitment in public and
remember that persuasion is not about
hitting hard and often but about being
patient and taking the necessary time to
build alignment and commitment. Master negotiators
do not just influence
Building Alliances decision-making;
they analyze who else
Adapting your strategy to the type of will influence how
negotiation is essential. Professor Watkins decisions will be made.
added that mastering persuasion and
exerting influence requires:

Allies are often taken for granted but can be • Framing how key people see “the
crucial to your cause, so identify them within problem” or “the opportunity” and “the
your network, confirm their alignment and options” by using logic (logos), principle
reinforce your similarities to strengthen the (ethos) and emotion (pathos).
connection through genuine praise. • Controlling the process and moving
quickly to solidify support, anticipating
Confederates are aligned with your the moves of others and seeking to
objectives but not with you and respond neutralize opposition.
to “commitment and consistency” tactics • Deciding the best sequence in which to
expressed through making commitments interact with other players.
active, public and voluntary. Mapping your influence
• Moving people from “A” to “B”
network allows you
incrementally by progressively to visualize the types
Opposers are those with whom you have establishing new baselines, public of networks and
a good relationship but who are not aligned commitments and irreversible steps. relationships you need
with your views on a particular issue, so • Action-forcing events and establishing to build and leverage
to attain your goal.
be clear and unambiguous, listen to their deadlines to create momentum in your
concerns and ideas and, if all else fails, favor.
agree to disagree.
Master negotiators do not just influence
Adversaries expect to see you highlight decision-making: they analyze who else
unique benefits and want to receive will influence how decisions will be made.
exclusive information. If you have a serious They also build effective networks of
relationship and alignment issue with an alliances, including broad alliances based
adversary, consider whether you may have on shared interests and long-standing
played a part in this and make adjustments. relationships, and short-term temporary
Or, you may just have to let them go and alliances that pursue narrow, focused
acknowledge that alternative views exist objectives. Having defined your influence
and not try to convert them… yet. goals and motivations for the negotiation,
you can craft an effective alliance-building
Fence-sitters are those who have not strategy by identifying key decision
yet expressed where they stand. Here makers; clarifying the decision making Whatever
Whatever the the scale
scale of
of the
the
you need to define the quality of the process; assessing winning and blocking conflict
conflict oror who
who isis caught
caught
relationship, the level of alignment and coalitions; mapping networks of who up
up in
in it,
it, your
your response
response
what their concerns are, and perhaps influences decision-makers; and assessing can
can have
have aa profound
profound
impact
impact onon the
the outcome.
outcome.
express frustration at their neutrality. You support and opposition.
could use your allies to influence them,
and honestly expose your expertise and Mapping your influence network allows
past achievements using experts and you to visualize the types of networks and
testimonials as “social proof.” Finally, be relationships you need to build and leverage
to attain your goal, for example by being
Adapted from P. Block. The Empowered
2 seen to reach out to adversaries and using
Manager. Jossey-Bass, 1987. empathy to understand their point of view.

insights@IMD www.imd.org Page 3


Resolving Disputes and to encourage others to listen to you; be
Conflict is a natural dynamic that arises sensitive to culture, gender and religious
Actions and strategies
you can use to help
when people’s interests, perceptions, differences; manage expectations by
prevent and resolve goals, values or approaches to problems letting others know what to expect,
conflict include differ and when one party feels that especially when you are no longer able to
communicating another is interfering with their ability to carry out your roles and responsibilities;
effectively, using attain a certain objective. It may occur anticipate conflicts and focus on others.3
“I” language, being
sensitive; managing
between individuals or groups and range Organizations should create and maintain
expectations, from minor disagreements to major a culture of openness, align organizational
anticipating conflicts disputes or even war. It can be costly and systems and offer conflict management
and focusing on others. dysfunctional; it can also be positive by and negotiation training for individuals
spurring action (e.g. value clarification) and teams. Leaders should be effective
and outcomes (e.g. creative solutions) that role models for teamwork and constructive
would not have occurred otherwise. feedback by involving employees in
decisions that affect them.
Whatever the conflict situation, your
response can have a profound impact Despite your best efforts, conflicts and
on the outcome. To avoid escalation disputes can still arise. If you cannot
and increase your chances of reaching prevent them, apply your effective
Remember that any an agreement, de Janasz suggests persuasion and negotiation skills. If all else
deal you strike in a responding to conflict as follows: fails, consider involving a third party (e.g.
negotiation is just a mediator, trust catalyst or consultant).
the prelude to the
• Control your temper and emotional The costly legal route should only be used
implementation. Focus
on the post-negotiation response (pause before reacting) as a very last resort.
outcome and aim • Understand and clarify the issues and
for consensus to goals Conclusion
increase the chances • Decide whether to engage; remember Communicating effectively and
of successful follow-
that you have the choice understanding both the structural and
through and exection.
• Search for a common goal or ground interpersonal aspects of negotiations
• Take a break if things become too intense are essential to effective negotiating
• Bring in a third party, or threaten to do and dispute resolution. Matching your
so. negotiation strategy to the situation,
persuading your counterparts by shaping
To help prevent and resolve conflict, the negotiation, managing conflict to avoid
communicate effectively and speak up destroying value and building supportive
early and often; use “I” language to reduce alliances can allow you to sustainably
defensiveness; listen first to show respect create and capture value. However,
shaping your counterpart’s perceptions
may require time and incremental steps.
Negotiating tips
In complex negotiations, packaging and
The “mid-point” rule: Negotiations tend to conclude close to the mid- sequencing is important, so divide a
point between the first solid offer and the first counter – be aware of this big deal into appropriate smaller, more
(i.e., the “anchors”) in distributive negotiations. manageable packages of issues to be
Setting targets: Negotiators who set ambitious goals do better, as long negotiated separately. Remember that
as they do not overcommit to achieving them. During your preparation, any deal you strike in a negotiation is just
establish an aspirational target and do not take your bottom line as a the prelude to the implementation. Focus
fallback position. Instead, set a BATNA (best alternative to a negotiated on the post-negotiation outcome and aim
agreement). for consensus to increase the chances of
successful follow-through and execution.
“Irrational behaviors”: Recognize that there is no negotiation without
emotion, and uncontrolled emotions can lead to unethical (lying) or irrational
behavior such as preferring to take nothing rather than accepting a deal
that is perceived to be unfair. You can reduce this likelihood with thorough
preparation, commitment to the long-term relationship between negotiators 3
Adapted from S. de Janasz et al. Interpersonal
and a willingness to openly address these behaviors as they arise. Skills in Organizations. Burr Ridge, Illinois:
Irwin/McGraw Hill, 2012.

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